According to a court filing on Wednesday, a federal appeals court has refused Apple’s request. Apple made a request to temporarily halt the import restriction on advanced variants of the Apple Watch. As a result, the prohibition will be reintroduced on Thursday.
Apple had asked for the prohibition to be temporarily lifted. While it appealed a decision made by the US International Trade Commission that became effective last month. Due to patents that are registered to another firm, the ITC ruling prohibited Apple from importing the Apple Watch Series 9 and Apple Watch Ultra 2, among other more recent models, into the United States.
A judge’s decision on a lengthier stay that would last through the appeals process. Which is expected to take many months, was given to Apple last month. Giving the company a temporary reprieve from the ban.
Following Wednesday’s decision, the import restriction will remain in place for the duration of the appeal.
Apple will, nonetheless, have a workaround: early this month. US Customs and Border Protection gave the firm permission to keep bringing in a revised version of the most cutting-edge Apple watches. The feature at issue in the patent dispute. As well as a pulse oximeter function that analyzes blood oxygen levels, will not be included in the revised watches.
Starting on Thursday, Apple has announced that it would start selling the Apple Watch Series 9 and Ultra 2. That is, without the pulse oximeter capability both in-store and online. Customers purchasing the redesigned watches will still see the Blood Oxygen indicator. But when clicking, they will be notified that the feature is “no longer available.”
Apple issued a statement stating, “Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with minimal disruption.”
There won’t be any impact on customers who have previously purchased an Apple Watch Series 9 or Ultra 2 with the pulse oximeter capability.
Apple Watch ban controversy
The import prohibition is the result of an October ITC decision that found the sophisticated Apple Watch models’ pulse oximeter technology infringed on a California business Masimo’s patent.
Following the verdict, Apple was unable to import the problematic models into the US. And started removing them from its stores when the ban went into force in December. Apple challenged the prohibition right away.
To give a judge time to consider a stay of the ban for the full appeals process and while US Customs assessed the company’s suggested redesign, Apple swiftly resumed sales of the watches after a federal appeals court temporarily suspended the prohibition.
The ban’s current interim suspension expires on Thursday.
“Apple’s appeal is ongoing. And we believe the US Court of Appeals for the Federal Circuit should reverse the USITC’s decision,” the company said in its statement. “We strongly disagree with the USITC decision and resulting orders.”
Masimo CEO Joe Kiani in a statement cheered the decision to end the temporary pause on the ban. Calling it “a victory for the integrity of the American patent system and the safety of people relying on pulse oximetry.”
