Apple appeals Apple Watch import ban after White House declines to veto

Apple appealed the U.S. International Trade Commission’s (ITC) decision to bar imports of certain Apple Watches on Tuesday, after the Biden administration declined to veto the ban.

The tech giant also filed an emergency motion for an immediate interim stay, arguing it will suffer “irreparable harm” if the ITC’s orders are left in place while the issue is decided because Apple will be barred from importing and selling its “two most popular Apple Watch models.”

Apple pulled the Apple Watch Series 9 and Ultra 2 from stores just before Christmas in preparation for the ban.

The company urged the U.S. Court of Appeals for the Federal Circuit to “at a minimum” grant a stay long enough for U.S. Customs and Border Protection to decide whether a redesigned version of the two Apple Watches falls outside of the ITC’s orders. The agency is set to make a decision on Jan. 12.

“At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives,” the company said in a statement.

“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.”

The ITC upheld an earlier ruling in late October that sided with the medical technology company Masimo, which in 2021 sued Apple for patent infringement at the ITC over the Apple Watch Series 6.

Masimo accused the tech giant of poaching employees and stealing trade secrets related to the light-based technology for measuring blood-oxygen levels, which was first featured in the Apple Watch Series 6 smartwatch.

Masimo originally sued Apple in federal court in 2020, but the case ended in a mistrial in May. Apple also counter-sued Masimo, accusing the company of copying its technology.

The Biden administration had 60 days to decide whether to veto the import ban or to let it go into effect. On Tuesday, the Office of the U.S. Trade Representatives issued a statement saying it would not intervene.

“Since 2005, the Office of the United States Trade Representative has been delegated the President’s authority under Section 337 of the Trade Act of 1930 to review the ITC’s decision for a 60-day period,” the statement read.

“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023,” the statement continued.

Updated at 4:29 p.m.