In a recent development, Apple has filed an appeal to the International Trade Commission (ITC) following its decision to ban the sales of Apple Watch Series 9 and Watch Ultra 2 models in the United States. The court records confirm that Apple is not only challenging the ITC’s decision but also requesting an emergency stay on the ban for a minimum of two weeks. The purpose of this stay is to allow Apple to introduce redesigned versions of the banned models before finalizing any judgment on the matter.

Apple wasted no time expressing its strong disagreement with the USITC’s verdict and subsequent exclusion order. The company stated in a message to Reuters that it is committed to taking all necessary actions to bring back the Apple Watch Series 9 and Apple Watch Ultra 2 to its customers in the United States as soon as possible. However, Apple has yet to respond to The Verge’s request for comment, leaving some speculation regarding their plan of action.

The ITC decision to ban the sales of the Apple Watch Series 9 and Watch Ultra 2 models is based on an infringement claim by health tech firm Masimo. Masimo holds a patent for blood oxygen saturation technology, which it argues Apple has infringed upon. Apple, on its part, has claimed that these two models are the most popular choices among its customers. Consequently, the ban on these popular products could have severe consequences for Apple.

Apple’s attorneys, in their filing, have argued that the company will suffer “irreparable harm” if the banned models remain off the shelves during the legal proceedings. They emphasize the urgency of the situation, stating that the Exclusion Order Enforcement Branch of the U.S., at the very least, should grant a stay that allows Customs to make a decision on this matter. Apple’s concern for the impact of the ban on its business is evident in their strong plea for a temporary reversal.

With Apple filing an appeal and requesting an emergency stay, the future of the Apple Watch Series 9 and Watch Ultra 2 models hangs in the balance. The outcome of this legal battle will not only determine whether these popular products can make a return to the U.S. market but also have implications for the larger context of intellectual property rights and patent infringement cases within the tech industry. As this case unfolds, both Apple and Masimo will continue to be scrutinized for their methods and arguments, creating a dynamic and high-stakes legal showdown.


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