Washington (CNN) – Apple will immediately return to selling high-end Apple Watches at its retail stores, the company said Wednesday afternoon, after an emergency stay by a federal appeals court temporarily blocked an import ban affecting some of the popular Apple smart watches.
Apple will relist the affected watches on its website starting Thursday at noon Pacific time, the company added.
The announcement means Apple will sell “the full line of Apple Watches to customers in time for the new year,” the company said in a statement.
Apple said the watches will be available initially at select Apple retailers, but will expand availability more widely on Saturday.
“Apple teams have worked tirelessly for many years to develop technology that provides users with industry-leading health, wellness, and safety features, and we are pleased that the U.S. Court of Appeals for the Federal Circuit has stayed the order of exclusion while considering our request for suspension. The order is awaiting our full appeal.”
The US International Trade Commission’s import ban targeted the Apple Watch Series 9, along with some earlier versions, and the Apple Watch Ultra 2, for alleged patent infringements.
The ban, temporarily suspended
A federal appeals court has temporarily suspended an import ban on Apple’s latest smartwatches while patent litigation continues through the court system.
Apple this Tuesday filed its urgent appeal – an appeal – against a US International Trade Commission (ITC) resolution that went into effect this week. That ITC order barred Apple from importing the Apple Watch Series 9 and Apple Watch Ultra 2, among other newer models, into the United States because they infringe on patents registered in the name of another company.
The Biden White House had until the end of Christmas Day to lift the ban, but U.S. Trade Representative Katherine Tai’s office confirmed in a statement Tuesday that the White House would not take action.
The appeals court’s temporary blocking of the ITC order will allow U.S. Customs to study Apple’s redesign of counterfeit Apple Watch models, a settlement that is expected to happen by January 12. In Tuesday’s motion, the company said it could “suffer irreparable harm” if the ban is maintained during the duration of the appeal.
Apple had already removed the offending watch models from its online store, and Apple Stores opened this Tuesday with no stock of any of the latest high-end watches. The cheaper Apple Watch SE, which was not covered by the ruling, remains on sale, but the ban affects the Apple Watch Series 6 and later, and all Apple Watch Ultra models.
In October, the U.S. International Trade Commission ruled that Apple had infringed on a patent for a pulse oximeter, which uses light-based technology to read oxygen levels in the blood. Masimo, a medical device manufacturer, is the owner of the patent in question.
But the ban affected imports, not sales. Third-party stores continued to sell the latest Apple Watch models even after the ban went into effect: Best Buy continued to sell the Apple Watch in various colors, starting at $399. Target began selling some colors of the Apple Watch Series 9. Walmart continues to sell the latest two models as well. On Amazon, as of this Tuesday afternoon, four colors remained in stock for the Apple Watch Series 9 with sports case and strap.
However, with Wednesday’s emergency suspension, Apple was granted an initial extension that paves the way for it to continue selling its high-end smartwatches, even as it challenges the ITC’s decision in court. The Federal Circuit’s Wednesday order directs the ITC not to enforce its ban “until further notice while the court considers the motion to stay pending appeal.”
Masimo declined to comment.
2023-12-27 22:57:00
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