Just before Christmas, Apple pulled two of its latest smartwatches from stores. The cause was not an unwelcome visit from the ghost of mechanical timepieces past but the International Trade Commission, which found that the California-based computer maker had infringed on some patents. Now, Reuters reports that Apple has filed an emergency request for the courts to lift the ban and will appeal the ITC ruling.

Apple’s watch problems started back in January. That’s when a court found that the light-based pulse oximetry sensor (found on the back of the watches) infringed patents held by Masimo, a medical device manufacturer also based in California.

At the time, Apple said since Masimo was not a consumer-focused company, it chose not to collaborate or acquire the medical device maker. Masimo, for its part, said that Apple led it on in discussions then took its idea and hired away Masimo engineers.

In October, the ITC upheld the ruling of infringement and started the process to ban imports of the watches, giving US President Joe Biden’s administration 60 days to review the case and possibly veto the ruling.

But the Biden administration has chosen not to interfere, unlike in 2013 when the Obama administration vetoed a ban on iPhones and iPads during a patent dispute between Apple and Samsung. Although the ITC’s import ban on Apple Watch Series 9 and Ultra 2 models was supposed to go into effect on December 26, Apple pulled the watches from sale a few days early.

“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 US as soon as possible,” Apple said in a statement.

Apple’s hopes now lie with the US Court of Appeals for the Federal Circuit, which it asked to pause the ban until US Customs and Border Protection decides whether redesigned Apple Watches no longer infringe on Masimo’s patents, a decision that should be reached by January 12. The older Apple Watch SE, which doesn’t use the infringing blood oxygen sensor, remains on sale.

https://arstechnica.com/?p=1992857