In a recent update to the ongoing legal battle between Apple and Masimo, the US Court of Appeals for the Federal Circuit has rejected Apple’s request for an extended pause on an import ban imposed by the UTC on certain devices.
Following the court order, Apple has announced that the company will start selling the Watch Ultra 2, Series 9 without blood oxygen monitoring capability in the U.S. from today, January 18th.
These redesigned watches, approved by U.S. Customs and Border Protection, include a sensor for SpO2, but the feature is disabled through software.
Furthermore, the ban does not impact the smartwatches already in existence and those sold outside the U.S. Apple’s appeal is ongoing in the court and might take a year or so. Until then Apple won’t be able to sell smartwatches with oxygen monitoring capability in the U.S.
The new Apple Watch Ultra 2, and Series 9 smartwatches are now on sale at Apple retail outlets and online stores in the US.
Regarding the court order, an Apple spokesperson told Bloomberg that:
Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. Apple’s appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC’s decision. We strongly disagree with the USITC decision and resulting orders.