Finally, Apple found a solution, with the US Court of Appeals temporarily suspending the import ban on the Apple Watch.
Based on the decision, the company can continue selling the Apple Watch Series 9 and Apple Watch Ultra 2 on its online store as well as in select Apple Stores in the US. Apple had filed an urgent application on Tuesday to suspend the ban during the appeal process. The court granted a temporary stay while it considers whether to grant a stay for the entire duration of the appeal. This means that Apple can continue to sell Apple Watch models equipped with blood oxygen sensor technology for the time being. The International Trade Commission has until Jan. 10 to respond to Apple’s suspension request, while other parties have until Jan. 15 to file documents for or against the ban. Apple can continue to sell the specific Apple Watch models until the court’s final decision on the stay request, which will be made sometime after January 15.
If there is a decision in Apple’s favor, the import ban on the Apple Watch Series 9 and Ultra 2 will be suspended throughout the appeal process. If the court rules against Apple, the ban will be activated again. The appeal process could take several months, however, potentially giving Apple significant breathing space as it contests the International Trade Commission (ITC) decision. In October, the CJEU ruled that Apple infringed Masimo’s patent on blood oxygen sensor technology, leading to a US import ban that took effect on December 26. In anticipation of the ban, Apple stopped online sales on December 21 and in its stores after December 24.
The Biden administration had an opportunity to veto the import ban but chose not to, making the ban official. To resolve the legal issues surrounding the Apple Watch, Apple will either have to win its appeal against Masimo, or reach a settlement with Masimo. Another unlikely scenario is that it disables the controversial blood oxygen sensor technology from the Apple Watch series. The import ban affected only the Apple Watch Series 9 and Apple Watch Ultra 2 models sold in Apple’s stores and online store in the US.
Sales in other countries were not affected while both models of Apple’s smartwatch remained available at US chains such as Target, Walmart and Best Buy.
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