As expect , Apple is appealing the import proscription , whichforced it to remove two flagship models from salein the United States during the busy holiday shopping period .
Both theApple Watch Series 9andApple Watch Ultra 2are currently unavailable from the Apple Store in the US because of an International Trade Commission ruling that the smartwatch ’s rip O sensing element engineering encroach on patents held by the medical twist maker Masimo .
Apple had conduct precautionary action in absent the watches from sale in the Leslie Townes Hope of a suspension from the White House , which could have prohibit the signification ban . However , the Biden Administration choose not to intervene and thus Apple can not currently sell its own best timepieces .
Now Apple is lodging an collection against the USITC ’s determination with the US Customs and Border Protection government agency , claiming the expulsion order is do the ship’s company to “ suffer irreparable harm ” .
“ We strongly differ with the USITC decision and resulting censure order , and are taking all measures to fall Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible , ” Apple suppose in a statement first reported byReuters .
Apple hadpreviously hoped that a software package fix might belie the issueand allow it to keep the Apple Watch model on cut-rate sale , but both Masimo and the ITC argued this was a hardware issue and no changes to how the software program run would exchange that .
After the rule Masimo CEO said : “ These guys have been beguile with their hands in the cookie jar . This is not an accidental infringement — this is a careful taking of our rational prop . I am beaming the macrocosm can now see we are the unfeigned inventors and creators of these technology . ”
It ’s not clear how long the appeal will take and whether Apple can discover a way to have the forbidding lifted in the interim .
