Apple appeals ban on smartwatch imports that takes effect TODAY - as Biden administration refuses to aid tech giant by vetoing restrictions
- Apple has filed an appeal following an import ban on certain smartwatch models that came into effect Tuesday
- Apple stopped online sales on Thursday for two of its smartwatches although they do appear to be available at Amazon, Best Buy and Walmart
- Apple is appealing the ban but for now it means the only available Apple watch in the US will be the company's budget SE model
Apple filed an appeal following an import ban on certain smartwatch models that went into effect in the US Tuesday.
The ban came after the Biden administration opted not to veto a ruling on patent infringements.
The federal International Trade Commission decided in October to ban Apple Watch models over a patented technology for detecting blood-oxygen levels.
On Tuesday, Apple filed an emergency motion with the US Appeals Court in an attempt to pause the ban. The company has asked the court to halt the ban until a US Customs decision due on January 12 about whether Apple's redesigned watches avoid Masimo patents.
Apple has included the pulse oximeter feature in its smart watches starting with its Series 6 model in 2020.
The company contends that the ITC finding was in error and should be reversed, but last week paused its US sales of Apple Watch Series 9 and Apple Watch Ultra 2, although the watches remained available from other retailers including Amazon, Best Buy and Walmart as of Tuesday.
![Apple filed an appeal following an import ban on certain smartwatch models that went into effect in the US Tuesday](https://i.dailymail.co.uk/1s/2023/12/26/15/79229527-12899217-Apple_has_filed_an_appeal_following_an_import_ban_on_certain_two-m-40_1703604735379.jpg)
Apple filed an appeal following an import ban on certain smartwatch models that went into effect in the US Tuesday
![The ban came after the Biden administration opted not to veto a ruling on patent infringements. Biden is pictured leaving the White House on Saturday](https://i.dailymail.co.uk/1s/2023/12/26/15/79344201-12899217-image-a-45_1703604846220.jpg)
The ban came after the Biden administration opted not to veto a ruling on patent infringements. Biden is pictured leaving the White House on Saturday
The ban does not affect Apple Watch SE, a less expensive model, which will continue to be sold. Previously sold watches will not be affected by the ban.
![The move is due to a legal dispute over the technology Apple's smartwatches use to run their blood oxygen feature. Medical tech company Masimo is suing Apple, claiming it stole hardware from two of its patents](https://i.dailymail.co.uk/1s/2023/12/26/15/79137817-12899217-The_move_is_due_to_a_legal_dispute_over_the_technology_Apple_s_s-a-42_1703604764029.jpg)
The move is due to a legal dispute over the technology Apple's smartwatches use to run their blood oxygen feature. Medical tech company Masimo is suing Apple, claiming it stole hardware from two of its patents
The order stemmed from a complaint made to the commission in mid-2021 accusing Apple of infringing on medical device maker company Masimo Corp's 'light-based oximetry functionality.'
Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.
'After careful consultations, Ambassador Katherine Tai decided not to reverse the... determination and the ITC's decision became final on December 26, 2023,' the president's executive office said in a statement on Tuesday.
Apple say they will immediately appeal the ban.
'We strongly disagree with the USITC decision and resulting exclusion order, 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,' Apple said in a statement on Tuesday.
An Apple spokesperson confirmed the company has appealed the ban to the U.S. Court of Appeals for the Federal Circuit in Washington.
![The only available Apple watch in the US will be the company's budget SE model](https://i.dailymail.co.uk/1s/2023/12/26/15/79137815-12899217-The_announcement_means_the_only_available_Apple_watch_in_the_US_-a-44_1703604778436.jpg)
The only available Apple watch in the US will be the company's budget SE model
Last week, the ITC rejected Apple's request to pause the ban during the appeal process.
A jury trial on Masimo's allegations in California federal court ended with a mistrial in May.
Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.
It has called Masimo's legal actions a 'maneuver to clear a path' for its own competing smart watch.
Apple has been steadily ramping up fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.
![Apple Watch Ultra 2 devices are displayed for sale earlier this year](https://i.dailymail.co.uk/1s/2023/12/26/15/79344197-12899217-Apple_Watch_Ultra_2_devices_are_displayed_for_sale_earlier_this_-m-47_1703604906255.jpg)
Apple Watch Ultra 2 devices are displayed for sale earlier this year
In September, Apple released its Apple Watch Series 9, touting increased performance along with features such as the ability to access and log health data.
'Our teams work tirelessly to create products and services that empower users with industry-leading health, wellness and safety features,' Apple said when the ITC ban was issued.
'Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of US consumers while making way for their own watch that copies Apple.'
A presidential administration has not vetoed an ITC ruling since 2013, when President Barack Obama's administration overturned an import ban on Apple's iPhones and iPads in the company's patent dispute with Samsung.
Apple's wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in $8.28 billion in revenue during the third quarter of 2023, according to a company report.