As reported on Tuesday, Apple has officially filed its appeal of the ITC’s ruling that bans it from selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States.
In its appeal, Apple argues that the Federal Circuit should pause the ban until U.S. Customs and Border Protection makes a decision about whether a “redesigned version” of the devices “falls outside the scope” of the initial orders.
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Apple Watch ban: Apple’s full appeal
Apple argues that the Apple Watch ban will cause it “irreparable harm” if left in place. As such, it believes that the court should “at minimum” pause the ban while it awaits that ruling from Customs and Border Protection, which is scheduled for January 12, 2024.
The appeal from Apple includes redacted details on the “redesign” of the Apple Watch Series 9 and Apple Watch Ultra 2. Apple believes that this redesign will negate “any colorable infringement argument going forward” and put “the redesigned products outside the scope of the remedial orders.”
Apple also says that it initially “proposed a briefing schedule that would have resulted in a ruling on this issue by no later than December 19, 2023.” As it stands right now, however, that decision is scheduled for January 12 – roughly three weeks after the Apple Watch ban was put in place.
Bloomberg previously reported on Apple’s race to develop software workarounds for the Apple Watch’s blood oxygen sensor. The report explained that Apple would submit those changes to the US customs agency. Masimo, however, has said that the Apple Watch’s “hardware needs to change” and that a software fix wouldn’t be adequate.
Apple has told 9to5Mac that it is pursuing a wide range of legal and technical options to bring the Apple Watch Series 9 and Apple Watch Ultra 2 back to the market as soon as possible.
You can find Apple’s full appeal embedded below. Check out our guide to keep up with all of the latest developments in the ongoing Apple Watch ban saga.
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