The ban on sales and import of Apple Watch Series 9 and Ultra 2 has been temporarily suspended, and official sales in the United States will resume

Apple received a sales and import ban due to patent infringement issues related to the blood oxygen sensor installed in the Apple Watch, and was unable to officially sell the Apple Watch Series 9 and Ultra 2 in the United States. However, it has been reported that sales have resumed from December 27, 2023 after the Federal Court of Appeals temporarily suspended the ban on sales and imports.

Apple Watch ban temporarily paused - The Verge
https://www.theverge.com/2023/12/27/24016464/apple-watch-itc-ban-paused

Apple resumes Apple Watch sales after ban is paused - The Verge
https://www.theverge.com/2023/12/27/24016684/apple-watch-on-sale-again-import-sales-bans-paused

Apple has been sued by medical device manufacturer Masimo, claiming that the blood oxygen sensor installed in the Apple Watch infringes its patent. The United States' International Trade Commission (ITC) acknowledged Masimo's complaint and ordered Apple to ``prohibit imports into the United States unless the blood oxygen sensor is removed.''

The US International Trade Commission rules that the Apple Watch's blood oxygen wellness measurement function infringes the patent of medical device manufacturer Masimo - GIGAZINE

On December 26, 2023, the ITC issued an order prohibiting the import of Apple Watch Series 9 and Ultra 2, as well as an order prohibiting the sale of models that were previously equipped with blood oxygen sensors. As a result, Apple can no longer officially sell Apple Watch Series 9 and Ultra 2. Therefore, in the United States, Apple Watch Series 9 and Ultra 2 were removed from the online Apple Store and removed from the Apple Store shelves.

The government decides to suspend official sales of Apple Watch Series 9 and Ultra 2 in the United States, Apple appeals against the decision - GIGAZINE

However, Apple appealed this decision to the Federal Circuit Court of Appeals. At the same time, it submitted proposed changes to the Apple Watch and asked that the ITC's injunction be suspended until the appellate court can rule on the patent infringement case.

The appellate court said it may temporarily continue selling the watch until it determines whether Apple's proposed changes to the Apple Watch can avoid patent issues. A decision will be made by the U.S. Customs and Border Protection Bureau by January 12, 2024, as to whether this proposed change to the Apple Watch will be approved.

Apple spokesperson Nikki Rothberg told tech news site The Verge that Apple Watch Series 9 and Ultra 2 will be available for sale at select Apple Stores starting December 27th. It is said that it will be more widely available for purchase by the 30th. In addition, official online sales will resume by 3:00 pm (Eastern Standard Time) on the 28th.

'For years, the Apple team has worked tirelessly to develop technology that provides industry-leading health, wellness, and safety features to our users,' Rothberg said in an emailed statement. We are pleased that the U.S. Circuit Court of Appeals has stayed the sales and import ban.'

Please note that the order prohibiting sales and imports is due to the patent for the blood oxygen sensor, so it does not affect Apple Watch SE, which does not have a built-in blood oxygen sensor. Additionally, as this is an order to Apple, third-party retailers such as Amazon, as well as stores outside the United States, will continue to carry the Apple Watch Series 9 and Ultra 2.