Following up on the Apple Watch Series 9/Apple Watch Ultra 2/Masimo patent story and ban, Apple has filed an “emergency motion” for an appeal against the US import ban on the Apple Watch and pressed for an interim stay on the ruling.
Following the Biden administration’s decision not to veto the United States International Trade Commission’s ban on importing the Apple Watch models to the US following the Masimo patent conflict,
Following the White House’s decision not to veto the United States, Apple has now filed an appeal that claims the ban will cause it to “suffer irreparable harm if the Orders are left in place.” Apple has stated that it wants the ban lifted, and separately also asks that it be dropped while the appeal is being considered.
It’s an “emergency motion for an immediate interim stay,” because the USITC “has stated it will require over two weeks to respond.”
“Importantly,” continues the filing, “the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection is scheduled to decide on January 12, 2024 whether a redesigned version of the Apple Watch Series 9 and Ultra 2… falls outside the scope of the Commission’s remedial orders.”
Apple has stated that “at a minimum, the Court should grant a stay long enough for Customs to make this decision.”
The ban was imposed by the USITC as a result of the case brought against Apple by Masimo, which claims Apple effectively stole its pulse oximetry technology.
The public version of the appeal following contains two redacted segments regarding a redesign of the Apple Watch units. While the redactions offer no details as to a redesign, it could imply that Apple Apple has implemented some form of update that it believes means it no longer uses the patents and oxygen sensor technology at the center of the dispute.
Apple’s filing has also argued that there is both precedent for such an interim lifting of the ban and that there is a specific reason to allow it:
“Barring the accused Apple Watches from importation and sale ill-serves the public, as it deprives consumers of a product with potentially lifesaving features, researchers of a critical tool for medical research, and the broader economy of a device that supports hundreds of thousands of jobs and fosters innovation.”
“Finally, Masimo will not suffer any cognizable harm, as it does not sell a competing product in the United States in any meaningful quantities (if at all). Tellingly, the Commission’s decision acknowledged that Masimo would not suffer any significant monetary harm from a stay.”
Apple has also stated that the company is working to resume sales of the banned Apple Watch models
“We strongly disagree with the USITC decision and resulting exclusion order,” a spokesperson said in a statement, “and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
Stay tuned for additional details as they become available.
Via AppleInsider, Scribd, and Reuters