Well, it’s been a scary few days – Apple persuaded an appeals court to allow it to sell its latest Apple Watch hardware, pausing an import ban imposed by the International Trade Commission (ITC). Therefore, you can once again go to the Apple website or the nearest Apple physical store to buy an Apple Watch Series 9 or Ultra 2, but no one knows for how long.
The case was brought by Masimo, a medical technology company you’ve probably never encountered. Masimo, which sells medical equipment to hospitals, claims the blood oxygen sensor in Apple’s latest wearable device infringes its intellectual property. The case was strong enough that the ITC issued an injunction a few days ago barring Apple from importing or selling the Apple Watch Series 9 and Apple Watch Ultra 2 (above).
Apple filed a lawsuit in the U.S. Court of Appeals for the Federal Circuit on Tuesday after the Biden administration announced it would not unilaterally suspend the import ban. Wednesday’s filing is not the end of the controversy.
“Apple teams have worked tirelessly for years to develop technology that delivers industry-leading health, wellness, and safety features to users, and we are pleased that the U.S. Court of Appeals for the Federal Circuit has stayed the exclusion order while considering our request to stay. The order is pending against us. Full appeal,” Apple said after the ruling.
Apple immediately resumed in-store sales and began online sales on Thursday. This is only a temporary pause – the ITC has until January 10, 2024 to respond to the court, but Apple will undoubtedly continue to seek a longer pause.
It’s possible that Apple is dragging things out until the redesign is complete. Apple said on Wednesday it has produced new versions of the Apple Watch Series 9 and Ultra 2 and said they would not conflict with Masimo’s intellectual property. However, these models are still subject to regulatory and customs approval. This is one of the busiest times of the year for Apple, and it’s eager to sell wearables to everyone who gets an Apple gift card under the tree.
Even if Apple can’t beat ITC in January, there may still be a way to get Apple’s smartwatch. The affordable Apple Watch SE is not affected by the trade ban, and other retailers like Amazon and Best Buy are able to sell the devices without restrictions as long as they have them in stock. With the ban on hold, Apple may take the opportunity to get all its devices into retail channels as a precaution.