Update – Temporary victory for Apple: the Court of Appeal saves the Series 9 and Ultra 2

Updated December 29, 2023: Apple Watches are back on sale in the United States. Users have in fact seen them back in Apple Stores, although the manufacturer has not yet communicated on this subject.

The situation for the Apple Watch Series 9 and Ultra 2 is more than complex in the United States. For several weeks, they have been banned for sale bythe international trade committee(ITC). For good reason, a start-up called Masimo claims to have filed the technological patents for the blood oxygen sensor before Apple. Apple would have used this invention to build the Apple Watch.

While waiting to know the end of this story, sales have been suspended during the investigation. Apple then tried everything to regain control of the situation and have this sanction canceled. To put its Apple Watches back on sale, the Cupertino company started by turning to the White House. Indeed,a presidential vetowould have allowed Apple to resume its activities during the investigation.

But Joe Biden did not want to take a position on the subject, and the president's veto was not given. Apple therefore looked for another solution to put its watches back on the market. The savior of the Apple then appeared obvious. The United States Court of Appeals had the power to overturn this first decision, allowingApple to sell Series 9 and Ultra 2 again.

Once contacted by Apple, the Court of Appeal studied the subject and has just delivered its verdict. It lifted the ban on the watch trade, freeing Apple for a few days. A great victory for Cupertino which will nevertheless be short-lived. Indeed, the ITC should publishthe conclusions of its investigation on January 10. On that date, the ban could come back to the forefront. Apple watches would then be threatened.

Apple vs Masimo: David vs. Goliath

In this case, Apple is attacked by a very small company,Fields. The latter specializes in cutting-edge technologies for monitoring people's health. In particular, she has developed a sensor for calculating the oxygen level in the blood. A discovery which, according to the CEO of the start-up, would have greatly interested Apple.

The apple brand would then have recruited several employees from Masimo, at the same time recovering the technological secrets of the young company.