Apple Appeals to Federal Circuit Over Apple Watch Import Ban

Apple moved to block enforcement of an import ban on certain Apple Watch models on Dec. 26, asking the U.S. Court of Appeals for the Federal Circuit to overturn a remedy that grew out of a multiyear patent fight with Masimo Corp. The Federal Circuit granted an interim stay, temporarily freezing the ban while it considers Apple’s request for a longer term stay pending appellate review.

The dispute traces to a 2023 finding by the U.S. International Trade Commission that Apple infringed Masimo patents covering pulse oximetry technology, a method for reading blood oxygen levels. The ITC issued an import remedy that targeted watches with the feature and led Apple to remove blood oxygen functionality from affected models in an earlier attempt to comply with the order.

Apple later reintroduced an updated blood oxygen feature in its newest watches in August. U.S. Customs and Border Protection approved imports of the updated versions, a decision Masimo promptly challenged in court. The ITC then opened a new proceeding in November to determine whether imports of Apple’s updated watches should be banned as part of the original dispute. The commission’s decision to take additional administrative steps became final on Dec. 26.

After the White House declined to intervene, Apple filed an emergency motion with the Federal Circuit seeking to stay the ITC remedy while it pursues an appeal of the underlying infringement finding and of the commission’s actions. The Federal Circuit’s interim stay pauses enforcement, but it must be replaced by a longer term stay in the coming weeks if Apple is to prevent the ITC ban from taking effect again during the appeal.

Both the ITC and Masimo have filed opposition briefs opposing Apple’s motion for a stay. The commission’s filings reiterate the ITC’s earlier conclusion that Apple is an infringer, and Masimo has defended its position while continuing separate litigation against Customs over that agency’s approval of Apple’s updated watches.

The litigation has had tangible commercial consequences. The ITC’s 2023 remedy specifically named the Series 9 and Ultra 2 models, and the temporary removal and later reintroduction of blood oxygen functionality have contributed to uncertainty about product availability. Some analysts said Apple’s handling of the earlier patent loss and limited availability created a sense of scarcity that spurred consumer purchases, and characterized the Federal Circuit’s temporary halt to enforcement as a significant check on the ITC’s remedy while the appellate process plays out.

Key questions remain. The Federal Circuit must decide whether to extend the interim stay for the duration of Apple’s appeal, and the ITC’s newly opened proceeding could yet reinstate a ban on updated devices. In parallel, Masimo’s lawsuit against U.S. Customs challenges the agency’s approval that allowed Apple’s updated watches into the country. The coming weeks will determine whether Apple can continue importing models with blood oxygen capability while it mounts its broader legal challenge.