Apple wins temporary pause of Apple Watch ban

Apple has won temporary relief from the Apple Watch import and sales ban that went into effect in the US on Dec. 26.

As reported by Reuters, a federal appeals court on Wednesday granted the company’s request for an emergency pause of the ban. In a filing Apple made the day before, it asked for a halt at least until US Customs and Border Protection had the chance to review whether changes the company plans to make to the Watch Series 9 and Watch Ultra 2 are enough for the devices to no longer infringe on patents held by medical device maker Masimo. That decision is expected on Jan. 12, 2024.

As a result of today’s ruiling, Apple can, for the moment, resume selling both wearables – though, as of the writing of this article, the Watch Series 9 and Watch Ultra 2 are still listed as “currently unavailable” on the company’s website.

Apple did not immediately respond to Pocket-lint’s comment request.

The US International Trade Commission (ITC) barred Apple from importing and selling the Watch Series 9 and Watch 2 Ultra following a complaint Masimo filed with the federal agency in 2021 that accused the tech giant of infringing patents related to its pulse oximetry technology. At the start of 2023, a judge found Apple had infringed on two of Masimo’s patents, a decision the ITC upheld this past October. Following a presidential review that ended on Dec. 25 and saw the Biden administration not intervene to veto the ITC’s decision, Apple was barred from importing Watch Series 6, 7, 8 and 9, as well as Watch Ultra and Ultra 2 devices into the US and from selling them on the domestic market. Retailers like Amazon and Best Buy can continue to sell the Watch Series 9 and Watch 2 Ultra as long as they have stock of the wearables.

The US Court of Appeals for the Federal Circuit is considering a longer pause of the import and sales ban, but likely won’t make a decision on that matter until at least a few more weeks from now.