According to Neowin , the appeals court's decision means that Apple can continue to sell the two Apple Watch models that it was banned from selling earlier this week on its website and in its stores in the US. The company stopped selling the affected smartwatch models on its website on December 21 and in its brick-and-mortar stores after December 24. Apple has not yet allowed the sale of the affected Apple Watches on its website.
Apple Watch Series 9 and Watch Ultra 2 continue to be sold in the US, but only temporarily
In October, the ITC ruled that the hardware and software in the Apple Watch Series 9 and Watch Ultra 2 infringed on patents from Masimo, a company that develops blood oxygen (SpO2) sensing technology. The Biden administration has the power to veto the ban after a 60-day review period that ends on December 25, but it has decided not to exercise that power.
Apple continues to sell watches in the US
The latest ruling from the appeals court is a victory for Apple, which is appealing the entire ITC ruling. The company is now asking for a longer stay on the ban on imports into the US while it waits for the appeals court to decide the actual patent infringement battle between Apple and Masimo.
The temporary suspension of the import ban also means that third-party retailers like Amazon, Walmart, and Best Buy can stock new Apple Watch Series 9 and Watch Ultra 2 models. Previously, the ITC ban allowed them to continue selling these smartwatches, but they would no longer be able to sell them once their inventory was depleted.
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