Apple on Tuesday appealed to the Joe Biden administration to revoke the ruling to ban the import of its smartwatches. The development comes a day after the Biden administration decided to not veto the ruling of a government tribunal.
In a huge setback for the tech giant, the White House had refused to retract a ban on sales and imports of the Series 9 and Ultra 2 watches which took effect this week.
Apple vehemently opposes the ruling.
In advance, Apple removed the devices from its US site and stores; global sales remain unaffected.
The USITC’s order, issued in October, underwent a 60-day presidential review, which concluded on Christmas Day.
On Tuesday, the US Trade Representative’s office, led by Ambassador Katherine Tai, announced the decision to uphold the USITC’s ruling following thorough consultations.
Apple requested a ban delay for Customs and Border Protection to assess redesigned watch versions, excluding contested technology, for potential patent infringement by Masimo.
An Apple spokesperson mentioned that CBP is expected to decide by January 12.
The USITC’s October findings concluded that Apple violated two patents held by medical device maker Masimo Corporation.
Masimo, who took on Apple
Masimo, based in California, alleged Apple engaged in staff poaching and technology theft, particularly related to blood oxygen level measurement technology.
Most Apple smartwatches, including the disputed blood oxygen feature since 2020, are affected, except for the lower-cost SE model and previously sold watches.
Apple has urgently requested the US Court of Appeals to lift the ban and strongly opposes the USITC decision.
“We’re committed to swiftly restoring Apple Watch Series 9 and Apple Watch Ultra 2 to US customers,” stated Apple on Tuesday.
Masimo views the White House’s decision as pivotal, highlighting its significance for the integrity of the US patent system and consumer innovation rewards.