Apple has appealed the ban on the sale of Apple Watch Series 9 and Ultra 2

Apple has filed an appeal seeking to overturn a US import ban on its latest Apple Watch models – the Series 9 and Ultra 2. The ban stems from a patent dispute with health technology company Masimo involving blood oxygen monitoring tech.

While appealing the ban, Apple also requested an emergency stay until redesigned watch models can be evaluated. Customs is expected to review the tweaked devices on January 13th.

The ban went into effect today despite Apple’s attempts for a presidential veto. Last week the company proactively pulled the watches from its US stores. Apple claims the prohibition will cause irreparable harm to its business.

At issue is the hardware behind blood oxygen measurement, not just software. Masimo contends Apple infringed on its patents, potentially even poaching specialized employees. Financial settlement remains possible.

For now the ban only impacts the US – newest Apple Watches can still be purchased globally and from third-party US retailers until stock runs out. Non-cellular Model SE avoids oxygen sensors so is unaffected.

Smartwatches represent nearly 50% of the total market, so Apple has much at stake as it scrambles to comply with the ban while simultaneously fighting it through legal appeals. Masimo seems unrelenting thus far.