Apple Watch Series 9 and Ultra 2 Once Again Available to Purchase From Apple's Online Store

[MacRumors]

Following a ruling from the U.S. Court of Appeals staying the Apple Watch import ban, Apple has returned the Apple Watch Series 9 and the Apple Watch Ultra 2 to its online stores in the U.S., and they should also be available in some Apple retail stores.

Apple on Tuesday filed an emergency request asking for the import ban to be paused while an appeal is under way. The appeals court implemented an interim stay while it decides whether it will grant Apple's request for a stay for the entire length of the appeal, and as a result, Apple can once again sell Apple Watch models with blood oxygen sensing technology.

The International Trade Commission (ITC) has until January 10 to file a response to Apple's request for a stay, and other parties have until January 15 to submit letters supporting or opposing the import ban. Apple should be able to continue to sell the watch at least until the appeals court makes a final ruling on the stay, which will happen at some point after January 15.

If the appeals court rules in Apple's favor, the import ban on the Apple Watch Series 9 and Ultra 2 will be paused for the entire duration of the appeals process. If the court does not rule in Apple's favor, the import ban will be reinstated. The appeals process could last for many months, so Apple may get a significant reprieve as it argues against the ITC's decision.

The ITC in October decided that Apple had infringed on blood oxygen sensing technology patented by Masimo, and put in place a U.S. import ban that went into effect on December 26. In preparation for the ban, Apple actually stopped sales online on December 21, and ended in-store sales after December 24.

The Biden administration had the opportunity to veto the import ban, but opted not to do so, making the import ban official. To get around the Apple Watch legal issues, Apple will need to win its appeal against Masimo, settle with Masimo, or remove the infringing blood oxygen sensing technology from the Apple Watch lineup.

The import ban only affected Apple Watch Series 9 and Apple Watch Ultra 2 models sold in Apple retail stores and the online store in the United States. Sales in other countries have not been affected, and the Apple Watch models have continued to be available in the U.S. in stores like Target, Walmart, and Best Buy.

Article Link: Apple Watch Series 9 and Ultra 2 Once Again Available to Purchase From Apple's Online Store

 

[JCCL]

Hopefully this leads to Apple paying Masimo their proper licensing fees if indeed they infringed on their patents. No one should be allowed to just poach another's company employee to reproduce their IP. Can't believe people siding with Apple on this one. Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?

 

[PsykX]

Just pay Masimo an appropriate amount and give credit where it's due.

These smaller companies always get screwed by the GAFA.

 

[jz0309]

this will be interesting to see how it unfolds in the long run

 

[Jay Tee]

Right decision, great job Apple.

Now let the wheels of justice take its course.

 

[DevyniColiai]

Just pay Masimo an appropriate amount and give credit where it's due.

These smaller companies always get screwed by the GAFA.

Court of law will determine that.

 

[sw1tcher]

Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?

Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.

 

[ProfessionalFan]

And when I said it'd be back on sale by end of week yesterday, I was basically called dumb.

 

[jvchappy]

Glad this happened. Stopping all sales of a product due to a single feature is nuts. They should have just ordered that the infringing feature be turned off, which apple could have done via software update.

 

[iOS Geek]

Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.

Someone, somewhere would be cheering either way. Great example: Beeper. Using Apple's IP without paying for it (and are actually charging for it themselves) and people are angry at Apple for fighting back and hoping regulators step in and take Beepers side just to "stick it" to the bigger guy. It’s almost like no company, big or small, is completely clean. "Shady" seems to be the name of the game no matter how big or small.

 

[roland.g]

I can't keep up with all these Apple Watch ban threads. Is it available, is it not. Did Joe stop it. Is it in the appeals stage. Is another company involved now. And worse yet, which articles are more sensitive in nature than others. Nothing in our legal system moves quickly.

 

[jz0309]

Hopefully this leads to Apple paying Masimo their proper licensing fees if indeed they infringed on their patents. No one should be allowed to just poach another's company employee to reproduce their IP. Can't believe people siding with Apple on this one. Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?

Please provide evidence that Apple hired former Masimo employees with that intent.

 

[jz0309]

Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.

sadly the FUD keeps on spreading without evidence

 

[themachugger]

Just dump this crap SpO2 tech and move on, Apple. I'm sure a tiny minority ever use or in any way find this valuable, especially post pandemic. Those who have a constant medical concern about SpO2 would have more reliable equipment. Not to mention it is absolute garbage at measuring SpO2 for people who lack pasty white skin.

 

[SPUY767]

Just pay Masimo an appropriate amount and give credit where it's due.

These smaller companies always get screwed by the GAFA.

Right now, we don't even know if the O2 sensor in the Apple Watch infringes on the patent, only that another company claims that it does. The problem in cases like that is that the parties that rule on them are almost always lay persons who have no understanding of the technology behind them. I can't even find reference to the specific patent on which apple is alleged to have infringed, only an overbroad claim of "using light to detect blood oxygen levels", and suing over a concept as vague as that is a good way to get a patent invalidated.

The bottom line is that more information is needed for anyone to pass judgement in either direction.

 

[Shasterball]

I just picked 30 up. These are going to be worth a ton when banned again!

 

[Shasterball]

Right now, we don't even know if the O2 sensor in the Apple Watch infringes on the patent, only that another company claims that it does. The problem in cases like that is that the parties that rule on them are almost always lay persons who have no understanding of the technology behind them. I can't even find reference to the specific patent on which apple is alleged to have infringed, only an overbroad claim of "using light to detect blood oxygen levels", and suing over a concept as vague as that is a good way to get a patent invalidated.

The bottom line is that more information is needed for anyone to pass judgement in either direction.

The ITC found them to infringe.

 

[themachugger]

The ITC found them to infringe.

The ITC is about as useful as a judge in East Texas for determining actual patent infringement. It's why companies love to use it in the hopes of forcing other companies to settle. IMO it's the best argument for building tech in the States rather than having everything made in China/Taiwan/Vietnam, etc. and then facing these silly import bans.

 

[jz0309]

The ITC found them to infringe.

And that is being challenged in the courts, so it may or not get overruled

 

[viktorhun]

And when I said it'd be back on sale by end of week yesterday, I was basically called dumb.

And why would that change?

 

[cateye]

Sadly though not surprisingly, yes, many people here do feel that way.

Cult/herd mentality.

And if the situation was reversed and Masimo were the ones who took and used Apple's IP without paying for it, they'd attack Masimo.

One wonders why they care. Because of course if you're a warrior for Apple, you would've bought your Series 9 or Ultra 2 the day they were available, and therefore whatever rote legal / patent machinations are and will be unfolding over the days, weeks and months to follow are of little concern to the true cognoscenti (not that anyone here actually understands how the patent or legal systems work, but also: Of little concern when there are emotions to be expressed).

Wot? You mean there are people who haven't yet upgraded? Shameful behavior! The measurable levels of Magical and Amazing that get transferred from Apple unto the purchaser have been quantitatively shown to be reduced the longer from release you purchase said device. It is also essential that the buyer create a new post on MacRumors telling everyone about how you bought it. Finally, including a picture of your device (no matter that it looks identical to every single other one Apple will sell) gets you around 5% more Jobsian aura, delivered straight to the pleasure centers of your brain.

 

[b.inazawa-fan]

Huddle up boys and girls, I'm about to tell you a wonderful story. A story about how the U.S. Court of Appeals saved Christmas...

 

[FlyingDutch]

Hopefully this leads to Apple paying Masimo their proper licensing fees if indeed they infringed on their patents. No one should be allowed to just poach another's company employee to reproduce their IP. Can't believe people siding with Apple on this one. Do folks really think it's ok to steal a much smaller company's IP because it is their favorite company?

Or maybe Masimo is not asking for “proper licensing fees” , and that’s the point of the problem.
Can’t believe haters siding with Masimo on this one without complete knowledge of the issue.

 

[FlyingDutch]

Please provide evidence that Apple hired former Masimo employees with that intent.

Clearly there aren’t any. Apple hired engineers because they are investing more and more in medical support. And the best way to acquire expertise in a new field (for the company) is to hire experienced engineers.

 

[Sorinut]

Or maybe Masimo is not asking for “proper licensing fees” , and that’s the point of the problem.
Can’t believe haters siding with Masimo on this one without complete knowledge of the issue.

Best not to side with either. Let the courts do that.

Not a single person on this site has all, or even the majority of info and evidence. It's all shooting from the hip.