Apple has resumed sales of its Watch Series 9 & Ultra 2 in the US after an appeals tribunal halted the ban imposed by a trade court. This is the latest development in a patent dispute with health technology company Masimo.
Apple pulled its latest watch models from its physical and online stores in the US last week in anticipation of an International Trade Commission ban taking effect. Apple confirmed that the products will be returned to their online and physical store on Wednesday after the appeals court granted the request to temporarily suspend the ban.
Apple Watch Series 9 and Apple Watch Ultra 2 will be available to purchase in the United States starting today at Apple Stores and on apple.com by 12pm PT tomorrow, the company announced in a press release.
Apple announced that the watches would initially be available in select stores and will become more widely available by December 30.
Masimo has declined to comment.
Apple and California-based Masimo are locked in a dispute over the pulse oximetry techniqe that measures blood oxygen by shining a light on the wrist. Apple added these features to its Watch in 2020 for the first. Masimo, however, has claimed that the feature violates their own patent technology.
ITC, an agency of the US government, found in favor of Masimo and banned the sale of affected models within the US. White House can overrule ITC rulings, but it rarely does so. After the ITC’s October decision against Apple, it had 60 days in which to act.
Apple appealed the ITC decision on Tuesday after it failed to receive a reprieve for from the Joe Biden Administration. The US Court of Appeals Federal Circuit granted Apple’s request for an interim hold on Wednesday. The court gave the trade commission until 10 January to submit its opposition to an extension of the court’s stay on the order while the appeal is pending.
Apple must respond by the 15th of January. The ITC order is on hold for the next two weeks.
Apple, on the other hand, has stated that it is strongly opposed to the ITC ruling. Masimo has welcomed the ITC decision as a victory for intellectual property and the US Patent System, which was designed to protect innovations. Masimo’s chief executive Joe Kiani stated earlier this month that he would be open to a settlement.