Update: In response to TechCrunch’s inquiry, Apple has announced exciting news regarding the availability of their popular smartwatch models. The recently released Apple Watch Series 9 and Watch Ultra 2 will now be available for purchase in-store at Apple brick and mortar locations as of today, and on their online store starting tomorrow.
Apple expressed their enthusiasm, stating, “We are thrilled to bring back the full Apple Watch lineup just in time for the new year. Our customers can now purchase the highly anticipated Apple Watch Series 9 and the innovative Apple Watch Ultra 2, complete with a revolutionary blood oxygen feature. These models will be available for purchase today in the United States at our retail stores, and starting tomorrow at 12pm PT on our official website, apple.com.”
The company continued, “Our teams have dedicated extensive time and effort to developing cutting-edge technology that prioritizes user health, wellness, and safety. We are pleased with the U.S. Court of Appeals for the Federal Circuit’s decision to suspend the exclusion order while they review our request to contest the order during our full appeal process.”
The U.S. Court of Appeals is expected to hear and consider Apple’s appeal for a stay on January 15. In addition, Apple has submitted potential redesigns of the affected watch models to U.S. customs.
A day after the implementation of an Apple Watch import ban in the U.S., an appeals court has put a temporary pause on the decision. This development comes just one day after Apple urgently requested an intervention from the U.S. Court of Appeals.
The stay will remain in effect until the court takes further action. However, the Apple Watch Series 9 and Watch Ultra 2 still remain unavailable for purchase on the company’s website, even though it has been almost a week since they were initially pulled.
At the center of this legal battle are two trademarks that Southern California health technology company Masimo claims were infringed upon by Apple’s pulse oximetry sensor, featured in the Apple Watch Series 6 since its release in 2020. Masimo has also accused Apple of poaching their employees to develop the blood oxygen sensor.
TechCrunch has yet to receive a response from Apple regarding this latest update, but the tech giant has strongly denied any infringement on Masimo’s intellectual property. After the Biden administration refused to veto the International Trade Commission’s decision yesterday, Apple stated, “We strongly disagree with the USITC ruling and its resulting exclusion order, and we are taking all necessary measures to make the Apple Watch Series 9 and Watch Ultra 2 available to our customers in the U.S. as soon as possible.”
In contrast, Masimo has positioned this legal conflict as a classic David versus Goliath scenario. In October, founder and CEO Joe Kiani declared, “The USITC’s ruling today sends a powerful message that even the largest company in the world is not above the law. This landmark decision strongly supports our efforts to hold Apple accountable for unlawfully using our patented technology.”
While Masimo has hinted at a possible licensing agreement with Apple, the tech giant is currently focused on exploring all legal avenues to resolve this dispute.