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# Apple Wins Temporary Court Stay and Resumes Watch Series 9 and Ultra 2 Sales After U.S. Import Ban
- URL: https://www.theamericanquorum.com/taq-historical-2023-12-30-tech/
- Published: 2023-12-31T04:59:00.000Z
- Updated: 2023-12-31T04:59:00.000Z
- Description: Apple resumed U.S. sales of the Watch Series 9 and Ultra 2 after a federal appeals court temporarily paused an import ban stemming from Masimo pulse-oximetry patents, keeping the dispute alive into 2024.
- Author: Kenneth R. Deans Jr.
- Tags: Tech, #Import 2026-09-01 09:50

Apple resumed U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2 this week after the U.S. Court of Appeals for the Federal Circuit temporarily paused an import ban that had taken effect only a day earlier. The abrupt reversal allowed Apple to put two of its newest watches back on store shelves while the court considers a longer stay during the company’s appeal of a patent ruling involving blood-oxygen sensing technology.

The underlying order came from the U.S. International Trade Commission, which in October found that Apple violated Section 337 of U.S. trade law by importing devices that infringe patents held by medical-technology company Masimo and Cercacor Laboratories. The [ITC’s final determination](https://www.usitc.gov/certain%5Flight%5Fbased%5Fphysiological%5Fmeasurement%5F0?ref=theamericanquorum.com) directed a limited exclusion order and cease-and-desist order covering certain light-based physiological measurement devices. The dispute centers on pulse-oximetry functionality introduced in Apple Watch models beginning with the Series 6.

The White House had a 60-day period to review the trade commission’s remedy. On December 26, the [Office of the U.S. Trade Representative](https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/december/ustr-statement-section-337-review?ref=theamericanquorum.com) said Ambassador Katherine Tai would not reverse the ITC determination, allowing the ban to become final. Apple had already stopped online sales of the affected watches on December 21 and retail-store sales after December 24 in anticipation of that outcome.

## A one-day ban becomes a court fight

Apple immediately appealed. On December 27, the Federal Circuit granted a temporary administrative stay while it considers Apple’s request to suspend the ITC order for the duration of the appeal. The [Washington Post](https://www.washingtonpost.com/technology/2023/12/27/apple-watch-ban-paused/?ref=theamericanquorum.com) reported that the order permitted Apple to resume direct sales of the affected devices while judges review the motion.

Apple moved quickly. The Series 9 and Ultra 2 began returning to selected U.S. stores Wednesday, with broader retail availability expected by Saturday and online sales scheduled to resume Thursday, according to [MacRumors](https://www.macrumors.com/2023/12/27/apple-watch-available-in-stores-today/?ref=theamericanquorum.com). Third-party retailers had continued selling inventory they already held because the ITC order primarily constrained imports and Apple’s own sales after importation.

The reprieve is temporary. The appeals court has not ruled on the merits of Apple’s patent arguments, nor has it decided whether the company may keep selling the watches throughout the full appellate process. Apple is also pursuing product changes that could potentially address the disputed technology if the ban returns.

## Patent law collides with a major consumer platform

The case has unusual commercial importance because the disputed feature is embedded in a mass-market wearable rather than a niche medical device. Apple has increasingly positioned the Watch as a health and wellness platform, adding heart-rate monitoring, electrocardiogram capability, fall detection and blood-oxygen measurements over successive generations. The current dispute tests how those consumer-health ambitions intersect with intellectual-property rights developed by established medical-device companies.

Masimo has argued for years that Apple improperly benefited from its pulse-oximetry inventions. In January, after an administrative law judge found an infringement violation, Masimo said the ruling showed Apple had violated U.S. trade law and described the matter as a test of accountability for technology companies. The company’s [January statement](https://www.masimo.com/media/itc-judge-rules-apple-violated-u-s-trade-laws-by-infringing-masimo-pulse-oximeter-patent?ref=theamericanquorum.com) traced the dispute to the light-based blood-oxygen sensor Apple began shipping in 2020.

Apple rejects Masimo’s claims and says it independently developed the Watch’s health technologies. In a statement reported by [TechCrunch](https://techcrunch.com/2023/12/26/apple-watch-us-ban-upheld/?ref=theamericanquorum.com) after the presidential review period expired, Apple said it strongly disagreed with the ITC decision and was taking all measures to return the Series 9 and Ultra 2 to U.S. customers.

## The business risk extends beyond one holiday week

The immediate sales interruption arrived during the busiest retail period of the year. Apple’s wearables, home and accessories segment is a multibillion-dollar business, and the latest Watch models are central to the company’s strategy of tying hardware, health features and services into a broader ecosystem. Even a short ban therefore creates operational and reputational pressure.

The case also demonstrates the unusual power of the ITC. Unlike ordinary patent litigation, a Section 337 investigation can produce an import exclusion order enforced at the border. The commission’s [investigation record](https://ids.usitc.gov/case/5192/investigation/5192?ref=theamericanquorum.com) shows the proceeding began in 2021 and culminated in the October 2023 final determination. Because Apple relies on overseas manufacturing, an import remedy directly affects its ability to replenish U.S. inventory.

The presidential-review process did not provide relief. As [9to5Mac](https://9to5mac.com/2023/12/26/biden-administration-does-not-overturn-apple-watch-sales-ban/?ref=theamericanquorum.com) reported, the administration’s decision not to intervene left Apple with the courts as its principal route to keep the watches on sale.

## A temporary win, not a resolution

For consumers, the practical result at week’s end is simple: Apple can once again sell the Series 9 and Ultra 2 in the United States. For Apple and Masimo, however, the central questions remain unresolved. The Federal Circuit still must decide whether to grant a longer stay and later whether the ITC’s infringement and remedy determinations should stand.

If the court allows the exclusion order to return, Apple could again face limits on importing and directly selling affected watches. If Apple secures a longer stay, sales may continue while litigation proceeds for months. Either way, the dispute has moved beyond a routine patent disagreement. It now sits at the intersection of consumer electronics, medical sensing, trade enforcement and the competitive value of health data on wearable devices.

The episode is also a reminder that even the largest technology companies can face immediate product-market consequences from specialized trade tribunals. Apple entered Christmas week with its newest watches pulled from its own U.S. stores. It ends the week selling them again, but only because an appellate court has temporarily frozen the government’s import remedy while the legal fight continues.