Update December 27th, 12:03PM ET: A federal appeals court has now temporarily paused the ban; you can read our original story about the appeal below.
Ariel Shapiro is lead reporter of Hot Pod, a newsletter covering podcasting and the audio industry. She previously worked at Forbes, where she covered media and entertainment.
Apple has filed an appeal to the International Trade Commission’s decision to ban U.S. sales of Watch Series 9 and Watch Ultra 2 models, court records show. Additionally, the company is requesting an emergency stay on the ban for at least two weeks until a decision is made on redesigned versions of the banned models.
“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,” Apple said in a statement to Reuters on Tuesday. Apple did not immediately respond to The Verge’s request for comment.
The models, which Apple says are their most popular, were banned after the ITC found that Apple infringed on blood oxygen saturation technology patented by health tech firm Masimo.
In today’s filing, Apple’s attorneys claimed the $3 trillion company “will suffer irreparable harm” if the models remain off the shelves during legal proceedings. According to the filing, the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection is scheduled to make a decision on redesigned versions of the Watch models on January 13, 2023. “At a minimum, the Court should grant a stay long enough for Customs to make this decision,” the company said.
