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Apple Gets Temporary Win as Appeals Court Pauses Ban of Apple Watch Series 9, Ultra 2

Apple has scored a victory -- at least for now -- as the US Court of Appeals pauses a ban that had blocked it from selling the wearables because of a patent dispute.

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Eli Blumenthal Senior Editor
Eli Blumenthal is a senior editor at CNET with a particular focus on covering the latest in the ever-changing worlds of telecom, streaming and sports. He previously worked as a technology reporter at USA Today.
Expertise 5G, mobile networks, wireless carriers, phones, tablets, streaming devices, streaming platforms, mobile and console gaming,
Eli Blumenthal
2 min read
Apple Watch Series 9 vs. Ultra 2

The Apple Watch Series 9 and Ultra 2 on the wrist.

John Kim/CNET

Apple stores will once again be able to sell the latest Apple Watch Series 9 and Ultra 2. On Wednesday, the US Court of Appeals for the Federal Circuit paused an import ban that previously blocked Apple from selling its wearables in the US at its own stores.

"The motion for an interim stay is granted to the extent that the Remedial Orders are temporarily stayed," the court wrote in a filing Wednesday, as spotted by CNBC.  

The move comes amid an ongoing patent dispute between Apple and Masimo, a health tech company, over how the Apple Watch detects blood oxygen levels. The US International Trade Commission previously banned the latest watches, backing a judge's ruling from January that found Apple had violated Masimo's patents

President Joe Biden had a chance to reverse the order as part of a presidential review, but that window closed on Dec. 25. The decision became final on Dec. 26 after US Trade Representative Katherine Tai decided not to reverse the ITC's ruling. 

Apple appealed the case and has been working on a software update for US Customs to review. As noted by Bloomberg, the government is expected to decide Jan. 12 whether Apple's changes are sufficient.  

As a preemptive measure ahead of the ban, Apple halted sales of the Apple Watch Series 9 and Ultra 2 via its online stores Dec. 21 and at its physical stores Dec. 24. Consumers have still been able to buy the wearables, as well as the non-impacted Apple Watch SE, at third-party retailers including Best Buy, Amazon and Walmart, at least while supplies last.  

As of this report, the Apple Watch Series 9 and Ultra 2 were still not available at Apple's online store. Apple did not immediately respond to a CNET request for comment.