Apple's response comes after the Apple Watch Series 9 and Watch Ultra were banned in the US by the ITC for violating a patent on blood oxygen level (SpO2) measurement technology held by medical company Masimo. It will take at least two weeks before the company decides on redesigning the banned smartwatch models, so Apple has been looking for ways to continue its business.
Apple says it will suffer irreparable damage from the ban on Apple Watch sales in the US
In explaining the request to lift the ban, Apple's lawyers said the company would "suffer irreparable harm" if sales of the Apple Watch Series 9 and Watch Ultra 2 were blocked during the trial. "We strongly disagree with the ITC's decision and subsequent ban and are taking every measure to resume deliveries of the Apple Watch Series 9 and Watch Ultra 2 to U.S. customers as quickly as possible," a company representative said.
Also according to Apple's lawyer, the US Customs and Border Protection must make a decision by January 13 next year on whether the design update for the above smartwatch models will be allowed to return to the market.
Apple reportedly stopped selling the Apple Watch Series 9 and Watch Ultra 2 in the US last week. The ban does not affect the lower-end Apple Watch SE models, which continue to be sold because they do not support SpO2 measurement. In addition, devices that have already shipped are not affected by the ban. Retailers are allowed to sell existing inventory of the specified Apple smartwatch models, but cannot import new ones.
Masimo previously accused Apple of luring its employees, stealing its blood oxygen measurement technology, and integrating it into the Apple Watch. Apple countered Masimo's claims in federal court in Delaware, calling its rival's efforts "a ploy to clear the way" for its own smartwatch.
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