Modernize: Apple responded to TechCrunch’s request for comment. The Watch Series 9 and Watch Ultra 2 are on sale at Apple locations starting today and will be available on the company’s online store tomorrow. Apple notes: “We’re excited to bring the full Apple Watch lineup back to customers in time for the new year. The Apple Watch Series 9 and Apple Watch Ultra 2, including the blood oxygen function, will be available for purchase again in the United States at Apple Stores starting today and from apple.com tomorrow at 12 p.m. PT. The company adds, “Apple’s teams have worked tirelessly for many years to develop technology that empowers users with leading health, wellness and safety features, and we are pleased that the US Court of Appeals for the Federal Circuit upheld the blocking order while considering the we request that the order be stayed pending our full appeal.”
The US Court of Appeals could hear the company’s appeal of a stay as early as January 15. Meanwhile, Apple also submitted potential redesigns of the two affected watches to US customs.
A day after the Apple Watch import ban went into effect in the US, an appeals court set a pause. The shutdown also comes a day after Apple filed an emergency request with the US Court of Appeals.
The stay will remain in effect until further action is taken by the court. However, the Apple Watch Series 9 and Watch Ultra 2 remain unavailable on the company’s website nearly a week after their initial withdrawal.
The fight centers around a pair of trademarks that Southern California health tech company Masimo claims Apple infringed on the wearable’s pulse oximetry sensor. Masimo also accused Apple of poaching Masimo employees to build the blood oxygen sensor, which first arrived in 2020 with the Watch Series 6.
Apple has yet to respond to TechCrunch’s request for comment on this latest update, but the hardware giant has vehemently denied infringing Masimo’s IP. After the Biden administration refused to veto the International Trade Commission ruling yesterday, Apple noted: “We strongly disagree with the USITC decision and the resulting blocking order and are taking all steps to return the Apple Watch Series 9 and Apple Watch Ultra 2 to US customers ASAP.”
Masimo, meanwhile, has positioned the battle as a David vs. Goliath battle. In October, founder/CEO Joe Kiani noted, “Today’s USITC decision sends a strong message that even the world’s largest company is not above the law. This important determination is a strong validation of our efforts to hold Apple accountable for the illegal misuse of our patented technology.”
Masimo has hinted that it could be open to licensing the technology to Apple for a fee, although the latter is currently more interested in exploring all legal avenues.
