Apple Resumes Sales of Series 9, Ultra 2 Watches Amid Patent Dispute: Here's how

Apple’s latest watches, the Series 9 and Ultra 2, are back on sale. Starting today, they will be available in select Apple stores and the broader availability is expected by Saturday. Online sales are set to resume tomorrow at 3PM ET (1.30AM IST Saturday), according to Apple spokesperson Nikki Rothberg as reported by The Verge.

This resumption of sales follows a temporary pause of a sales and import ban on both devices by a federal appeals court. The ban was imposed in the US after the US International Trade Commission found Apple to have infringed on patents owned by medical device manufacturer Masimo.

Way forward

The court has allowed Apple to temporarily continue selling its watches while the company awaits hearing back on whether proposed modifications to its watches would circumvent the patent issues. A ruling on the changes by US Customs and Border Protection is expected on January 12. If the changes are not approved, the court may consider suspending the ban until it can decide on the patent dispute, potentially delaying the ban for several more months.

Rothberg stated in an email, “Apple’s teams have worked tirelessly over many years to develop technology that empowers users with industry-leading health, wellness, and safety features. We are pleased that 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.”

What was the problem?

Ahead of the ban’s implementation on December 26, Apple halted sales of the Series 9 and Ultra 2 in its online and physical stores. The ban applies to devices that feature a blood oxygen saturation sensor, which has been included in Apple’s flagship watches since the Series 6 in late 2020. The lower-priced Apple Watch SE, which does not include the sensor, has remained available for sale.

While the ban was in effect, third-party retailers were permitted to sell their existing stock of Apple Watches. However, the import ban would have eventually stopped them from replenishing their inventory.