Apple Watch Series 9 and Ultra 2 Available in Apple Stores Starting Today, Online Sales to Resume Tomorrow

Apple Watch Series 9 and the Apple Watch Ultra 2 are back in some of Apple's retail stores in the United States today, according to Bloomberg's Mark Gurman. Select stores will have availability today, while all stores will have the Apple Watch models back in stock by December 30. Online sales of the devices are set to resume tomorrow by 12:00 p.m. Pacific Time.

Apple Watch Series 9
Apple is able to begin selling the Apple Watch models again after the U.S. Court of Appeals temporarily paused the import ban levied by the U.S. International Trade Commission. It's likely that Apple will be able to sell the Apple Watch models through most of January, and perhaps longer depending on what the court decides.

The import ban has been halted while the appeals court determines whether a longer pause should be implemented while the full ITC vs. Apple appeal plays out. If that happens, the import ban will be stayed for several months, but if the appeals court decides not to stay the ban during the appeals process, Apple will need to stop sales again.

The U.S. ITC has until January 10 to argue its case for the import ban to restart immediately, and the appeals court is accepting letters supporting or opposing the import ban through January 15. After that, the court will make a final ruling on the stay.

Apple paused ‌Apple Watch Series 9‌ and Ultra 2 sales online on December 21 and in stores after December 24 to comply with an ITC ruling. The ITC banned imports of Apple Watch components related to blood oxygen monitoring technology after it decided the Apple Watch infringes on patents owned by medical device company Masimo.

The temporary stay on the ban not only allows Apple to resume sales for now, but it also gives Apple time to provide adequate stock to third-party retailers in case the ban is reinstated. Apple retail stores in the United States will have to stop selling the ‌Apple Watch Series 9‌ and Ultra 2 if that happens, but the ban does not extend to retailers like Best Buy, Walmart, and Target.

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Top Rated Comments

subjonas Avatar
22 weeks ago
This is all a ploy to ignite slumping Watch sales.
Score: 18 Votes (Like | Disagree)
zahuh Avatar
22 weeks ago
Watch out!
Score: 17 Votes (Like | Disagree)
Abazigal Avatar
22 weeks ago
You miss the point. Of course the employees have that right but what he’s saying is Apple’s intent was to steal the technology through that process.
It’s also a fact that the majority of Masimo’s patents were declared invalid during the trial. Only one ultimately held. This tells you that just because a company is granted a patent doesn’t mean it’s valid, and just because a company was first with an idea doesn’t necessarily mean it had a monopoly on it.

If Apple had simply settled right from the start like what so many of you are suggesting, they could well be paying a small fortune for what would ultimately turn out to be worthless or invalid patents for all we know.

What’s happening here is nothing new. Masimo is right to defend their IP, while Apple is not wrong to seek to overturn what they feel are invalid patents. There is no right or wrong here, in my opinion. Only winners and losers in the eyes of the court.

And as I shared yesterday, the tide may yet turn against Masimo if Apple succeeds in invalidating all of those claims and then countersues Masimo for lost revenue (the amount could easy bankrupt the company).

The battle is really only just beginning.
Score: 15 Votes (Like | Disagree)
a m u n Avatar
22 weeks ago
I love Masimo and I love Apple. I wish the two companies would work together, because they are both leaders in this technology. If they did, consumers would only be rewarded.

Score: 13 Votes (Like | Disagree)
Kierkegaarden Avatar
22 weeks ago
My guess is that Apple is very confident in what they will be presenting during the appeals process.
Score: 11 Votes (Like | Disagree)
hoodafoo Avatar
22 weeks ago
Why didn't the appeals court take into account of the feelings of those who hoovered up all the S9 and Ultra 2 to resell for a quick buck?
Score: 10 Votes (Like | Disagree)