Apple appeals ban on Apple Watch Series 9 and Ultra 2; requests emergency stay for two weeks

On December 26, the day when the US ban on the Apple Watch Series 9 and Apple Watch Ultra 2 came into effect after a ruling by the International Trade Commission (ITC), the tech giant filed an appeal to have it removed. Apple filed the appeal after US President Joe Biden’s administration declined to veto the ITC ban. Alongside, the company also filed an emergency request for the US Court of Appeals for the Federal Circuit to put an emergency pause on the ban for at least two weeks so that the company has enough time to get a decision on its redesigned version of the banned Apple smartwatches.

In a statement given to Reuters on Tuesday, Apple said, “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 appeal to ITC and the decision on the redesigned versions of the smartwatches, which will be taken by the Exclusion Order Enforcement Branch of US Customs and Border Protection, are the only two remaining options to bring back the products.

Apple files appeal against the ITC ban

In its filing, attorneys representing Apple said that the $3 trillion company “will suffer irreparable harm” if the products are not allowed to be sold during the legal proceedings. Apple cited that the US Customs and Border Protection will make a decision on the redesigned Apple Watch Series 9 and Apple Watch Ultra 2 on January 12, 2024. Apple also highlighted that it appealed the original decision by ITC because it believes that the Commission made multiple errors which will “likely be reversed on appeal”.

The ban is only applicable in the US and particularly stops Apple from selling its Apple Watch Series 9 and Apple Watch Ultra 2 through its official channels. Third-party retailers will still be able to sell the device as long as their supply lasts.

In October, the International Trade Commission ruled that Apple violates Masimo patents and would need to halt sales of infringing devices. The patents relate to an Apple Watch app that allows the device to calculate a person's blood oxygen saturation.

This ban will impact Apple severely as the Apple Watch Series 9 and Ultra 2 generate the vast majority of the company's watch sales (since Apple tends to phase out the older generation smartwatches from its catalogs). Apple doesn't say how much revenue the device brings in, but it's a core part of its Wearables, Home, and Accessories business, which generates more than 40 billion dollars a year.