Apple has filed an appeal to Federal Circuit court to overturn a trade ruling that prevents it from selling the Apple Watch Series 9 and Apple Watch Ultra 2, among other newer models, because they violate patents registered to another company.
The clock wound down Monday on the newest Apple Watch after the White House declined to issue a last-minute, emergency action to keep the best-selling smartwatch on store shelves.
The company said Tuesday it was pursuing both legal and technical options to resume imports of the most advanced watches, including submitting a redesign of the Series 9 and Ultra 2 watches for U.S. Customs approval.
“At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to dedicate years to developing scientifically validated health, fitness and wellness features for Apple Watch,” Apple said in a statement. “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 U.S. as soon as possible.”
The office of US Trade Representative Katherine Tai confirmed the decision in a statement Tuesday.
“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023,” Tai’s office said.
Apple had already taken the offending Watch models off its online store, and Apple Store locations opened Tuesday without any of the latest top-of-the-line watches in stock.
The cheaper Apple Watch SE, which was not part of the ruling, remains on sale, but the ban affects the Apple Watch Series 6 and later, and all models of Apple Watch Ultra.