Apple Loses Bid to Delay Imminent Ban on Watch Imports to US

The US International Trade Commission denied Apple Inc.’s request to delay a ban on imports of certain Apple Watch models that is set to begin on Christmas Day.

The ITC said in a notice issued Wednesday that, for reasons detailed in an opinion issued concurrently under seal, it “has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown.” Apple filed the request, which involved the ITC’s limited exclusion and cease-and-desist orders, Oct. 30.

The agency said it reached its decision without relying on materials Masimo Corp. filed in support of its arguments against the requested stay.

Apple this week said it would pull its Series 9 and Ultra 2 models of the flagship smartwatch on Thursday from its online store and on Dec. 24 from its physical retail locations due to the patent dispute over technology that measures the amount of oxygen in a user’s blood. The import ban would go into effect Dec. 25 unless the Biden administration vetoes the agency’s order or the companies strike a last-minute deal. The administration said Tuesday that it was “tracking” the impending ban. The 60-day presidential review period’s veto power rests with US Trade Representative Katherine Tai.

Apple’s announcement shifted focus from a potential settlement with Masimo—a medical technology company that’s been locked in related litigation for several years with the Cupertino, Calif.-based tech giant—to whether President Joe Biden will wade into the matter on Apple’s behalf.

Such interventions are rare. President Barack Obama did so in 2013 when the iPhone and some iPad models were set to be barred after Apple was on the losing end of a trade dispute with Korea-based Samsung Electronics Co.

The ITC on Oct. 26 found that Apple’s devices infringe a pair of Masimo patents for pulse-oximetry technology that uses light sensors. The decision started a 60-day clock that could end in an outright ban of certain Apple Watch models starting Dec. 25.

Masimo CEO Joe Kiani has said he’d be open to settling with Apple, but “they haven’t called.”

The case is In re: Certain Light-Based Physiological Measurement Devices, USITC, Inv. No. 337-TA-1276, notice of decision to deny Apple motion to stay remedial orders issued 12/20/23.