- Author: Monica Miller
- BBC News, Singapore
Apple’s latest smartwatches can continue to be sold in the US after the tech company filed an urgent complaint with authorities.
Sales of the Series 9 and Ultra 2 watches have been halted in the US due to a patent dispute.
The US trade body has banned the import and sale of Apple watches with technology to read blood oxygen levels.
Device maker Masimo has accused Apple of stealing staff and technology.
It comes after the White House refused to lift a ban on the sale and import of Series 9 and Ultra 2 watches that went into effect this week. Apple said it “strongly disagrees” with the ruling.
The iPhone maker filed an emergency appeal with the US Court of Appeals, which proved successful in overturning the ban.
Earlier this month, Apple “preemptively” removed the devices from its US site and from stores in the country. Sales elsewhere are not affected.
The USITC order, issued in October, is subject to a 60-day review by the president, who has the power to veto the decision. That review period ended on Christmas Day, when the White House decided to maintain the ban.
The office of the United States Trade Ambassador, Katherine Tai, said Tuesday that it had decided not to overturn the USITC’s decision after “careful consultation.”
Apple asked for a stay on the ban until Customs and Border Protection (CBP) reviews whether redesigned versions of its watches, which do not include the disputed technology, infringe Masim’s patents.
CBP was expected to make its decision on January 12, according to an Apple spokesperson.
In October, the USITC found that Apple infringed two patents owned by medical device maker Masimo Corporation.
The California-based company has accused Apple of poaching key personnel and taking other steps to steal technology it developed to measure blood oxygen levels.
Most versions of Apple’s smartwatches include the disputed blood oxygen feature as of 2020. Its cheaper SE models do not. Pre-sold watches will also not be affected by the ban.
In a statement issued on Tuesday, Apple said: “We strongly disagree with the USITC’s decision and the resulting exclusion order and are taking all measures to return the Apple Watch Series 9 and Apple Watch Ultra 2 to US customers as soon as possible.” .