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Apr 12, 2001
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Apple Watch Series 9 and the Apple Watch Ultra 2 are back in some of Apple's retail stores in the United States today, according to Bloomberg's Mark Gurman. Select stores will have availability today, while all stores will have the Apple Watch models back in stock by December 30. Online sales of the devices are set to resume tomorrow by 12:00 p.m. Pacific Time.

Apple-Watch-Series-9.jpg

Apple is able to begin selling the Apple Watch models again after the U.S. Court of Appeals temporarily paused the import ban levied by the U.S. International Trade Commission. It's likely that Apple will be able to sell the Apple Watch models through most of January, and perhaps longer depending on what the court decides.

The import ban has been halted while the appeals court determines whether a longer pause should be implemented while the full ITC vs. Apple appeal plays out. If that happens, the import ban will be stayed for several months, but if the appeals court decides not to stay the ban during the appeals process, Apple will need to stop sales again.

The U.S. ITC has until January 10 to argue its case for the import ban to restart immediately, and the appeals court is accepting letters supporting or opposing the import ban through January 15. After that, the court will make a final ruling on the stay.

Apple paused Apple Watch Series 9 and Ultra 2 sales online on December 21 and in stores after December 24 to comply with an ITC ruling. The ITC banned imports of Apple Watch components related to blood oxygen monitoring technology after it decided the Apple Watch infringes on patents owned by medical device company Masimo.

The temporary stay on the ban not only allows Apple to resume sales for now, but it also gives Apple time to provide adequate stock to third-party retailers in case the ban is reinstated. Apple retail stores in the United States will have to stop selling the Apple Watch Series 9 and Ultra 2 if that happens, but the ban does not extend to retailers like Best Buy, Walmart, and Target.

Article Link: Apple Watch Series 9 and Ultra 2 Available in Apple Stores Starting Today, Online Sales to Resume Tomorrow
 

onenorth

macrumors 6502
Sep 15, 2021
458
507
Although Masimo is not a party to this appeal (it is between Apple and the ITC), Masimo will have a chance to weigh in. Ultimately, Masimo will need to rely on the ITC to defend the exclusion order. Apple has already pointed out several issues, including some legal questions that the ITC did not answer before issuing the exclusion order.

Based on that, I think it is likely the Federal Circuit will extend the stay unless the court is satisfied that Apple has a workaround design that will allow it to continues sales of the modified watches while the ban remains in effect. Should be interesting to watch this play out next month.
 

avkills

macrumors 65816
Jun 14, 2002
1,105
818
tech patents should be banned if they are not in active use
Except that Masimo is using their patents for active devices.

This type of device is extremely difficult since there probably are not a whole lot of ways to do it. So Apple poaches know how from Masimo; are those new Apple employees suddenly supposed to not use their knowledge?

I've been through something similar in my career; this type of **** happens all the time in the engineering fields.

They should find a way to work together.
 

rwilliams

macrumors 68040
Apr 8, 2009
3,729
984
Raleigh, NC
Series 6 has nothing to do with this. Only Series 9 and Ultra 2 are affected.
But any model with a blood oxygen sensor is unavailable for repair until this is cleared up. I just checked and I still can't make an appointment for a battery replacement on the Series 6. Maybe tomorrow that will be available again while the ban has been temporarily halted.
 
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