Apple can now resume sales of its flagship smartwatches after a U.S. appeals court paused a government commission’s import ban on the devices imposed in a patent dispute over its medical monitoring technology on Wednesday. The tech giant had filed an emergency request asking the U.S. Court of Appeals for the Federal Circuit to halt an order from the U.S. International Trade Commission (ITC), which had ruled that Apple had infringed the patents of Irvine, California-based Masimo. The commission had ruled that the Series 9 and Ultra 2 watches infringed patents related to blood-oxygen monitoring, which is used for various healthcare purposes, including monitoring the heart and breathing of patients during surgery and other procedures.
The ITC said it halted the sale of the newer models because they were built using technology that infringed Masimo’s patents. The commission also argued that Apple misappropriated Masimo’s technology by hiring its employees and then secretly designing the same technology into the newer Apple Watches, Reuters reports. But Apple argues that the ITC’s decision is “without precedent” and that the Masimo technology does not infringe its patented features. The company says it’s working on software changes to the devices, which should allow them to be reintroduced into the United States.
But the U.S. Customs Department will have to review the redesign to ensure it doesn’t violate Masimo’s patents before Apple can sell the redesigned Series 9 and Ultra 2. The agency is expected to issue its decision on January 12.
If the redesign fails, the sales and import ban will re-instate itself, meaning that the Apple Watch Series 9, Ultra 2, and other newer models with a blood-oxygen sensor will no longer be available in the United States. However, older versions of the device that don’t include the sensor can still be sold.
In its emergency request, Apple said it would suffer irreparable harm if the ban remained in place while the case was being appealed. It also argued that the White House had 60 days to review the decision and could veto it.