Apple Watch Series 9 and Ultra 2 Once Again Available to Purchase From Apple's Online Store

Following a ruling from the U.S. Court of Appeals staying the Apple Watch import ban, Apple has returned the Apple Watch Series 9 and the Apple Watch Ultra 2 to its online stores in the U.S., and they should also be available in some Apple retail stores.

apple watch ultra purple
Apple on Tuesday filed an emergency request asking for the import ban to be paused while an appeal is under way. The appeals court implemented an interim stay while it decides whether it will grant Apple's request for a stay for the entire length of the appeal, and as a result, Apple can once again sell Apple Watch models with blood oxygen sensing technology.

The International Trade Commission (ITC) has until January 10 to file a response to Apple's request for a stay, and other parties have until January 15 to submit letters supporting or opposing the import ban. Apple should be able to continue to sell the watch at least until the appeals court makes a final ruling on the stay, which will happen at some point after January 15.

If the appeals court rules in Apple's favor, the import ban on the Apple Watch Series 9 and Ultra 2 will be paused for the entire duration of the appeals process. If the court does not rule in Apple's favor, the import ban will be reinstated. The appeals process could last for many months, so Apple may get a significant reprieve as it argues against the ITC's decision.

The ITC in October decided that Apple had infringed on blood oxygen sensing technology patented by Masimo, and put in place a U.S. import ban that went into effect on December 26. In preparation for the ban, Apple actually stopped sales online on December 21, and ended in-store sales after December 24.

The Biden administration had the opportunity to veto the import ban, but opted not to do so, making the import ban official. To get around the Apple Watch legal issues, Apple will need to win its appeal against Masimo, settle with Masimo, or remove the infringing blood oxygen sensing technology from the Apple Watch lineup.

The import ban only affected ‌Apple Watch Series 9‌ and Apple Watch Ultra 2 models sold in Apple retail stores and the online store in the United States. Sales in other countries have not been affected, and the Apple Watch models have continued to be available in the U.S. in stores like Target, Walmart, and Best Buy.

Related Forum: Apple Watch

Top Rated Comments

JCCL Avatar
8 weeks ago
Hopefully this leads to Apple paying Masimo their proper licensing fees if indeed they infringed on their patents. No one should be allowed to just poach another's company employee to reproduce their IP. Can't believe people siding with Apple on this one. Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?
Score: 31 Votes (Like | Disagree)
PsykX Avatar
8 weeks ago
Just pay Masimo an appropriate amount and give credit where it's due.

These smaller companies always get screwed by the GAFA.
Score: 24 Votes (Like | Disagree)
sw1tcher Avatar
8 weeks ago

Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?
Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.
Score: 24 Votes (Like | Disagree)
ProfessionalFan Avatar
8 weeks ago
And when I said it'd be back on sale by end of week yesterday, I was basically called dumb.
Score: 10 Votes (Like | Disagree)
iOS Geek Avatar
8 weeks ago

Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.
Someone, somewhere would be cheering either way. Great example: Beeper. Using Apple's IP without paying for it (and are actually charging for it themselves) and people are angry at Apple for fighting back and hoping regulators step in and take Beepers side just to "stick it" to the bigger guy. It’s almost like no company, big or small, is completely clean. "Shady" seems to be the name of the game no matter how big or small.
Score: 8 Votes (Like | Disagree)
jz0309 Avatar
8 weeks ago
this will be interesting to see how it unfolds in the long run
Score: 6 Votes (Like | Disagree)

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