Apple on Wednesday was granted an appeal of the Apple Watch sales ban that recently went into effect, reports Reuters. Apple can now sell the Apple Watch Series 9 and Ultra 2 in the U.S. in its online and retail stores “while the court considers the motion for a stay pending appeal,” according to the order issued by the U.S. Court of Appeals.
Apple is in the midst of a patent dispute with Masimo. Masimo filed a suit with the U.S. International Trade Commission, which found that Apple had infringed on Masimo’s patents that relate to the blood-oxygen sensor in the Apple Watch Series 9 and Ultra 2. Because of the USITC’s ruling, a ban on sales of those two watches went into effect on December 21 at Apple.com and on December 25 for all Apple stores.
President Biden declined to overturn the ban last week.
As of 2:30pm ET, the Apple Watch Series 9 and Ultra 2 were still listed as “Currently Unavailable” on Apple.com and the company did not release a statement. Apple online sales stopped late in the day on December 21, and Apple Store retail sales halted on December 24. Third-party retailers were allowed to continue selling the watches until inventory ran out, but retailers stopped receiving new shipments on December 24.
Apple filed a motion on December 26 that stated that it “will suffer irreparable harm if the Orders are left in place.” In a statement to Reuters, Apple said, “We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
The lifting of the ban is temporary, but the Court of Appeals is considering Apple’s motion for a longer pause on the ban. The USITC has until January 10 to respond to Apple’s motion. Apple told the Court of Appeals that it has redesigned how the blood sensor works and that the U.S. Customs and Border Protection agency is checking to see if the redesign infringes on Masimo’s patents. The agency set a date of January 12 to announce its findings.
The order by the US Court of Appeals can be seen below. (2 pages)
