Apple Watch sales will resume, for now

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Apple resumed sales of its newest smartwatches on Thursday, a day after a federal appeals court temporarily overturned an earlier ban on their import and sale in the United States.

But the fate of the watches will ultimately depend on how an ongoing legal fight plays out in federal court over the coming weeks.

The company stopped sales of the Apple Watch Series 9 and Watch Ultra 2 in its flagship stores on December 21 and in retail stores on Christmas Eve. The pause was the result of a patent case that Apple lost in October.

The ruling in that case became final on Tuesday, when President Biden’s administration refused to intervene and reverse it. But on Wednesday, a federal appeals court ordered the government not to enforce it “until further notice” while the court considers Apple’s appeal.

Yes. The company said Wednesday that it would restart retail sales of the two new watches in some Apple stores that day and in more stores on Saturday. Apple confirmed that the two watches were also available for sale online on Thursday.

The case against Apple before the U.S. International Trade Commission centers on technology that some Apple Watches use to detect the wearer’s pulse by measuring the percentage of oxygen in the blood.

The Commission ruled in October that some models of Apple watches infringed patents of two California medical technology companies, Masimo and Cercacor Laboratories. He ordered Apple to stop selling the Apple Watch Series 9 and Watch Ultra 2 after Christmas.

The Biden administration had 60 days to decide whether to veto the commission’s ruling. On Tuesday he said there was elected notleaving the sentence final.

But on Wednesday, the federal appeals court granted a new request from Apple to stay enforcement of the ruling while the appeal process plays out. He gave the commission until January 10 to respond to Apple’s request for a further delay in enforcing the ban.

No, although the legal battle will ultimately determine whether sales, service and repairs of Apple’s newest Watches continue in the long term.

The battle may depend in part on a redesign proposal for the two watches that Apple submitted to US customs authorities for approval.

The ban that was temporarily lifted on Wednesday applied to several other models that use the same pulse monitoring technology, including the Apple Watch Series 6, 7 and 8, and all models of the Apple Watch Ultra. But those models are not currently sold in Apple stores or on the company’s website. (The ban did not apply to the Apple Watch SE.)

The ruling only affected sales in the United States.

Johnny Diaz contributed reports.

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