Apple will once again make its most advanced Apple Watch models available for purchase in stores. This comes as a federal appeals court has temporarily halted a comprehensive import ban on the latest smartwatches from Apple while a patent dispute is ongoing in the legal process.
Apple has announced in a statement that the impacted watches will also be reintroduced for online sales on its website, starting at noon Pacific Time on Thursday.
According to the announcement, Apple will be selling “the full Apple Watch lineup to customers in time for the new year,” the company added.
On Tuesday, Apple submitted an urgent appeal motion in response to a ruling by the US International Trade Commission that took effect this week. The ITC order had barred Apple from importing certain models, including the Apple Watch Series 9 and Apple Watch Ultra 2, into the United States due to alleged patent infringement by another company.
The Biden White House, had until the conclusion of Christmas day to reverse the import ban. However, the office of the US Trade Representative Katherine Tai issued a statement on Tuesday confirming that the White House would not intervene in this matter.
The temporary halt imposed by the appeals court on the ITC's order will enable US Customs to review Apple's modifications to the problematic Apple Watch models. These changes are anticipated to be completed by January 12. In the motion filed on Tuesday, Apple expressed concerns that it could face significant and irreversible damage if the import ban remains in effect during the ongoing appeal process.
Prior to this, Apple had removed the problematic Watch models from its online store, and when Apple Store locations reopened on Tuesday, they did not have any of the latest high-end watches in inventory. The more affordable Apple Watch SE, which was not impacted by the ruling, is still available for purchase. However, the ban applies to the Apple Watch Series 6 and newer models, as well as all versions of the Apple Watch Ultra.
“Apple’s teams have worked tirelessly over many years to develop technology that empowers users with industry-leading health, wellness and safety features and we are pleased the U.S. Court of Appeals for the Federal Circuit has stayed the exclusion order while it considers our request to stay the order pending our full appeal,” the company said.
Apple has announced that the Apple Watch Series 9 and Ultra 2 will once again be offered for sale in select US stores starting on Wednesday, with broader availability scheduled to expand over the next few days.
In October, the US International Trade Commission issued a ruling stating that Apple had infringed upon a patent related to a pulse oximeter, a device that utilizes light-based technology to measure blood-oxygen levels. This patent is held by Masimo, a manufacturer of medical devices.
It's important to note that the ban applied to imports, not sales. Even after the ban came into effect, third-party retailers continued to offer the latest Apple Watch models for sale.
With the emergency stay granted on Wednesday, Apple has secured a preliminary relief that allows the company to keep selling its high-end smartwatches while it contests the ITC's decision in court. The Federal Circuit's order on Wednesday instructs the ITC not to enforce the ban “until further notice while the court considers the motion for a stay pending appeal.”
Masimo declined to comment.
