Apple Watch sales resume for now – The New York

Apple Watch sales resume for now – The New York Times

Apple resumed sales of its latest smartwatches on Thursday, a day after a federal appeals court temporarily lifted an earlier ban on imports and sales in the United States.

But the watches' fate will ultimately depend on how an ongoing legal battle in federal court plays out over the next few weeks.

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

The ruling in the case became final Tuesday as President Biden's administration declined to intervene and overturn it. But on Wednesday, a federal appeals court ordered the government not to pursue the lawsuit “until further notice” while the court considers Apple's appeal.

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

The case against Apple before the US International Trade Commission focuses on the technology that some Apple watches use to determine a wearer's pulse rate by measuring the amount of oxygen in the blood.

The commission ruled in October that some models of Apple watches infringed patents held by two Californian medical technology companies, Masimo and Cercacor Laboratories. It instructed 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 decision. On Tuesday it said it had decided against it, making the ruling final.

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

No, although the litigation will ultimately determine whether sales, service and repairs of Apple's latest watches continue long-term.

The fight could hinge in part on a proposed redesign of the two watches that Apple has submitted to U.S. customs authorities for approval.

The ban, temporarily suspended on Wednesday, applied to several other models that use the same heart rate monitoring technology, including the Apple Watch Series 6, 7 and 8, as well as all models of the Apple Watch Ultra. However, these 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 reporting.