Apple will resume sales of its latest Apple Watch models in the US following a court ruling that granted a temporary reprieve in a patent infringement case.
The Apple Watch Series 9 and Ultra 2 will be available in approximately 270 retail locations across the country, with wider availability expected by 30 December 2023.
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In October this year, the US International Trade Commission (ITC) issued a ban on the import and sale of these products through Apple’s official channels.
The ban followed ITC’s finding that Apple infringed on two Masimo patents related to blood-oxygen saturation measurement.
However, an appellate court in Washington issued an interim stay of the ITC’s decision on 27 December, allowing Apple to continue its efforts to overturn the ban.
In a statement, as reported by Bloomberg, an Apple representative said: “Apple’s teams have worked tirelessly over many years to develop technology that empowers users with industry-leading health, wellness and safety features and we are pleased the US Court of Appeals for the Federal Circuit has stayed the exclusion order while it considers our request to stay the order pending our full appeal.”
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By GlobalDataThe White House had 60 days to review the ITC ban but decided to not overturn it when the review period ended earlier this week.
To address the patent issue, Apple has developed a software update for the Apple Watch.
The company has submitted the update’s design to the US customs agency, with a government decision expected on 12 January 2024 regarding the approval of these changes.
The appellate court has given the ITC until 10 January 2024 to respond to Apple’s request for an extended stay on ban during the full appeal process.
A spokesperson for Masimo, headquartered in Irvine, California, opted not to comment on the court’s recent decision.
The ITC had opposed the interim stay, arguing in a court filing earlier this week that Apple would not suffer “irreparable harm” during the appeal as sales of some watch models continued.
Meanwhile, Masimo is also seeking to intervene in the appeals case, claiming that Apple’s emergency request for an interim stay should be denied as there is no emergency.
