It has been a big week for Apple and the newest versions of its Apple Watches.
Due to a patent dispute between Apple and Masimo regarding the Apple Watch Series 9 and Apple Watch Ultra 2 and their blood oxygen features that are said to infringe on Masimo’s patent, both smartwatches were pulled last week.
However, the U.S. International Trade Commission (ITC) ordered a ban on the watches in October 2023 from being sold while the patent disputes were ongoing. The U.S. Court of Appeals for the Federal Circuit on the other hand has approved Apple’s appeal on the matter and has approved the selling of the Apple Watch Series 9 and Apple Watch Ultra 2 again online, and have paused the ban.
In the meantime, Apple will be waiting to hear from the U.S. Customs and Border Protection on its decision regarding Apple’s software update workaround that is said to make it so the blood oxygen features do not infringe on Masimo’s two patents.
That decision is expected to come on Friday, January 12, 2024.
According to 9to5Mac, “If U.S. Customs rules that Apple’s software change is inadequate and the appeals court rejects Apple’s request for a stay on the ban through the entire appeals process, the Apple Watch Series 9 and Apple Watch Ultra 2 could be removed from the market again.”
Apple did provide a statement to 9to5Mac regarding the addition of the Apple Watch Series 9 and Apple Watch Ultra 2 back on its website.
“We are thrilled to return the full Apple Watch lineup to customers in time for the new year. Apple Watch Series 9 and Apple Watch Ultra 2, including the blood oxygen feature, will become available for purchase again in the United States at Apple Stores…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.”
Customers do still have the option of buying the Apple Watch Series 9 or Apple Watch Ultra 2 through other retailers such as Best Buy, Target, and Amazon.
What are your thoughts on all of this news regarding the Apple Watch Series 9 and Apple Watch Ultra 2? Comment below or let us know on X at @appleosophy.
