Apple’s online store is once again offering the Apple Watch Series 9 and Ultra 2
Apple has brought back the Apple Watch Series 9 and the Apple Watch Ultra 2 to its online stores in the United States, and they should also be available in select Apple retail stores, following a decision from the U.S. Court of Appeals that stayed the import ban on Apple Watches.
Apple requested on Tuesday that the import ban be temporarily lifted while an appeal is pending in an emergency request. After deciding to grant Apple’s request for an indefinite stay for the duration of the appeal, the appeals court imposed an interim stay, allowing Apple to resume selling Apple Watch models equipped with blood oxygen sensor technology.
Other parties have until January 15 to submit letters in favor of or against the import ban, and the International Trade Commission (ITC) has until January 10 to respond to Apple’s request for a stay. At some point after January 15, when the appeals court issues a final decision regarding the stay, Apple ought to be permitted to keep selling the watch.
The import ban on the Apple Watch Series 9 and Ultra 2 will be suspended for the duration of the appeals process if the appeals court finds in favor of Apple. The import ban will be reimposed in the event that the court rules against Apple. While it challenges the ITC’s ruling, Apple might receive a sizable reprieve during the lengthy appeals process.
The U.S. import ban on Apple products, which took effect on December 26, was enforced by the ITC after it was determined in October that the company had violated a patent owned by Masimo on blood oxygen sensing technology. Apple actually stopped selling products online on December 21 and stopped selling products in-store on December 24 in anticipation of the ban.
The imposition of the import ban became enforceable when the Biden administration declined to veto it. Apple will need to either win its appeal against Masimo, reach a settlement with Masimo, or take the infringement-causing blood oxygen sensor out of the Apple Watch lineup in order to circumvent the legal issues surrounding the watch.
The Apple Watch Series 9 and Apple Watch Ultra 2 models sold in Apple retail stores and the online store in the United States were the only models affected by the import ban. The Apple Watch models have remained available in the United States at retailers like Target, Walmart, and Best Buy, and sales in other countries have not been impacted.