Apple Watch Series 9 and Ultra 2 Sales Resume as US Ban Lifted by Appeals Court

By: Insha Hashmi

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Updated on: 28-Dec-2023

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Apple has restarted sales of its Apple Watch Series 9 and Ultra 2 in US retail outlets following a court verdict in favor of the tech giant in a patent battle. The US International Trade Commission had previously prohibited the import and sale of these items, but an appeal court in Washington issued an interim stay, allowing both in-store and online sales to proceed. Online sales will restart on Thursday.

The exclusion ruling put out by the US Court of Appeals for the Federal Circuit has been delayed, permitting Apple to continue selling its rearmost wearable models. The stay demonstrates Apple's fidelity to offering enhanced health and safety features to consumers, emphasizing the company's grim sweats in creating technology for these pretensions.

Apple will bring back the Apple Watch Series 9 and Ultra 2 to its 270 US retail locations on Wednesday, following a US International Trade Commission (ITC) restriction on their import and sale following a verdict in favor of Masimo in a patent infringement action. The ITC issued the restriction in October, but the White House elected not to intercede. More availability is expected by Saturday.

To address concerns about a patent infringement complaint and an import restriction, Apple has created a software upgrade for the Apple Watch Series 9 and Ultra 2. The update has been filed to the United States Customs Service, and a decision is expected by January 12. This is part of Apple's efforts to resolve the patent issue and restore normal smartwatch sales in the United States.

The International Trade Commission (ITC) of the United States has imposed fines on Apple Watch devices that have a light-based pulse oximetry function, claiming violation of Masimo's patents relating to blood-oxygen saturation monitoring. Apple's violation caused the ITC's judgment and subsequent restriction on imports and sales. Apple's plea for an interim stay was denied by Masimo, who stated that there is no urgency warranting such a delay.

Apple, according to Masimo, misrepresented the situation by failing to disclose that it had ceased sales of Apple Watches affected by ITC orders. On Christmas Eve, Apple withdrew the watches from its website and retail locations after the ITC decided in favor of Masimo in the patent infringement lawsuit.

Due to a patent dispute and prohibition, Apple has resumed sales of certain Apple Watch models, including Series 6, 7, and 8. Out-of-warranty watches were also barred from receiving hardware repairs under the prohibition. Apple's efforts to get the ITC's judgment overturned have resulted in a court-ordered delay.