Appeals Court Clears Path for US Sales Ban on Apple Watch Models to Be Revived

January 17th, 6:26 PM EST

Updated:

January 17th, 6:27 PM EST

By NEWSnet Digital Team

Apple watch.

MGN via Apple Inc.

(NEWSnet/AP) — A federal appeals court has decided to revive a U.S. sales ban on Apple's premium watches as it referees a patent dispute revolving around a sensor.

It raises the likelihood the company will remove the devices from stores a second time in less than a month.

The ruling, issued Wednesday by U.S. Court of Appeals, comes three weeks after it blocked the ban. That temporary stay enabled Apple to renew sales of the two internet-connected watch models, the Series 9 and Ultra 2, embroiled in an intellectual-property fight with medical technology company Masimo.

https://www.newsnetmedia.com/story/50247834/apple-to-pause-sale-of-some-watch-models-due-to-patent-dispute

In October, U.S. International Trade Commission ruled a blood-oxygen sensor in the Apple Watch models infringed on Masimo's patents, resulting in Apple briefly ceasing sale of the Series 9 and Ultra 2, in late December. It received a brief reprieve from the appeals court.

Apple is trying to persuade the federal appeals court to overturn ITC's ruling, but Wednesday's decision means the company is not insulated from the U.S. sales ban.

The appeals process is expected to take at least a year, meaning Apple will be forced to stop selling its latest watch models in the U.S. through 2024 or perhaps redesign the devices in a way that complies with ITC's ruling.

In a court filing Monday, Masimo said Apple received approval from U.S. Customs and Border Protection on revisions that would remove the blood-oxygen sensor from the watches.

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