U.S. Appeals Court temporarily stops Apple Watch Sales Ban

Apple will be able to sell the latest Apple Watches after an import ban was temporarily stopped by a U.S. appeals court on Wednesday.

Apple said in that the Apple Watch Series 9 and Ultra 2 models will be on sale at Apple’s stores on Wednesday and that they will be available online starting on Thursday.

Apple stopped selling its Series 9 and Ultra 2 watches last week in stores and online in response to an International Trade Commission order in October that found the blood oxygen sensor in the devices had infringed on intellectual property from Masimo, a medical technology company that sells to hospitals.

“The motion for an interim stay is granted to the extent that the Remedial Orders are temporarily stayed,” a court filing Wednesday said.

On Monday, the Biden administration declined to pause the ITC ban. Apple filed the appeal with the U.S. Court of Appeals for the Federal Circuit on Tuesday. The company continues to seek a longer stay. The ITC will need to reply by Jan. 10.

Apple said on Wednesday that it had submitted redesigned Apple Watch models for customs approval that could negate the ban.

Apple has routinely marketed its smartwatch as a life-saving device, which has helped launch the Apple Watch into the stratosphere, making it the most popular watch sold around the world. But its skirmish with Masimo threatens to undermine that.

In October, the US International Trade Commission ruled that Apple was in violation of Masimo’s pulse oximeter patent, which uses light-based technology to read blood-oxygen levels. President Biden has 60 days to review the ruling before a ban could go into effect.

Apple launched its Series 9 phone in September. It features a custom S9 chip for faster processing and enables hand gestures to control the watch, thanks in part to an enhanced neural engine that processes data from sensors and machine learning.

Apple said it firmly believes the ITC’s findings are inaccurate and should be reversed. It also plans to take the decision to the Federal Circuit.

In addition, Apple said it has submitted evidence demonstrating how a ban would negatively impact healthcare, scientific and medical research, and Apple Watch users who rely on the ECG, blood oxygen and other health-related features.