The decision pauses the ban on the smartwatches while Apple appeals the ruling. The Series 9 and Ultra 2 returned to select Apple Stores today and will be back on Apple.com on Thursday.
A federal appeals court has temporarily halted a ban on the newest versions of the Apple Watch, which will return to stores this week.
“We are thrilled to return the full Apple Watch lineup to customers in time for the new year. Apple Watch Series 9 and Apple Watch Ultra 2, including the blood oxygen feature, will become available for purchase again in the United States at Apple Stores starting today and from Apple.com tomorrow by 12pm PT,” Apple said in a statement.
The watches will return to select Apple Stores today, with wider availability by Dec. 30.
Apple removed the Apple Watch Series 9 and Ultra 2 from online stores and Apple Stores last week after the International Trade Commission (ITC) found that the blood oxygen sensor in the Apple Watch infringes on patents held by the company Masimo.
Masimo says that Apple met with the company under the guise of working together on the device, but instead poached some of its key employees and used them to recreate Masimo’s tech within Apple, infringing on the company’s patents in the process.
Masimo sued and later asked the ITC weigh in; it ruled in Masimo’s favor in October.
The Biden administration had until Dec. 25 to veto the ITC ruling. Yesterday, it issued a statement that said “after careful consultations, Ambassador [Katherine] Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023.”
Apple requested that the US Court of Appeals for the Federal Circuit weigh in and allow it to sell the Apple Watches as it appealed the decision. Next month, Apple plans to ask the court to let it sell the Series 9 and Ultra 2 during the entire appeals process, which could be quite lengthy.
In the interim, Apple has also asked US Customs to approve a redesign of the two Apple Watches that it says gets around the patent issue.
The Apple Watch SE, which does not have a blood oxygen sensor, is not involved in this dispute.
Editors’ Note: This story was updated with Apple’s statement.
Written by: Emily Price
Updated December 27, 2023
Source: PCMag.com
Featured Image: Shutterstock / charnsitr
