Eltry’s request for a comment has been answered by Apple. The Watch Series 9 and Watch Ultra 2 are already available in Apple stores and will be available on the company’s online store tomorrow. “We are thrilled to return the full Apple Watch lineup to customers in time for the new year,” Apple said. Apple Watch Series 9 and Apple Watch Ultra 2, with the blood oxygen capability, will be available in the United States at Apple Stores beginning today and on apple.com by 12 p.m. PT tomorrow. ” According to Apple, “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.”
The United States Court of Appeals might hear the company’s request for a stay as early as January 15. In the meantime, Apple has submitted proposed redesigns of the two afflicted watches to US Customs.
A day after an Apple Watch import ban went into force in the United States, an appeals court put the prohibition on hold. The suspension comes only one day after Apple filed an emergency appeal with the United States Court of Appeals.
The halt will be in effect until the court takes further action. The Apple Watch Series 9 and Watch Ultra 2 remain inaccessible on the company’s website, almost a week after they were removed.
The dispute revolves around two trademarks that Southern California health tech firm Masimo believes Apple infringed on using the wearable’s pulse oximetry sensor. Masimo has also accused Apple of stealing Masimo personnel to manufacture the blood oxygen sensor, which debuted with the Watch Series 6 in 2020.
Apple has yet to react to Eltry’s request for comment on this new upgrade, but the hardware behemoth has categorically denied infringing on Masimo’s intellectual property. Yesterday, after the Biden administration refused to veto the International Trade Commission’s October ruling, Apple stated, “We strongly disagree with the USITC decision and resulting exclusion order and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
Meanwhile, Masimo has framed the conflict as one between David and Goliath. “Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law,” founder and CEO Joe Kiani said in October. This significant decision validates our efforts to hold Apple responsible for illegally misappropriating our copyrighted technology.”
Masimo has hinted that it could be willing to license the technology to Apple for a charge; however, Apple is now more interested in pursuing all legal options.
