Apple today has filed a new emergency appeal to temporarily lift the Apple Watch sales and import ban that officially went into effect today after the Biden administration refused to veto the halt order. (via Reuters).
With the new appeal, Apple requests a temporary pause on the sales ban until the United States Customs and Border Protection decides whether redesigned versions of the Apple Watch Series 9 and Apple Watch Ultra 2 still infringe on Masimo’s blood oxygen sensor patents. At this stage, it’s unclear the extent of the redesign that the banned models would have to go through to have their sales resumed, but Apple could be referring to a change in the software algorithms that control the blood oxygen sensor as rumored earlier.
Apple also filed another appeal with the US Court of Appeals for the Federal Circuit in Washington to reconsider the sales pause, but the ITC is reported to have already struck that appeal down. The Customs and Border Protection will decide on redesigns to the affected Apple Watch models by January 12. Apple could get around the sales ban once it implements the redesign should Customs and Border Protection accept its argument. Details of the supposed redesign are redacted in court documents obtained by The Verge.
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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 statement to Reuters
The sales ban does not prevent third-party retailers from selling the banned models in question till supplies last, while Apple will still be allowed to sell the entry-level Apple Watch SE since it doesn’t include a blood oxygen sensor. Additionally, sales of the Apple Watch Ultra 2 and Apple Watch Series 9 outside the US will not be affected. The company is also allowed to service and repair the affected models under their one-year limited warranty period due to an exemption in the ITC’s order.
