After a week of unavailability for sale in the USA as a result of an ITC (International Trade Commission) prohibition, Apple Watch Series 9 / Ultra 2 returned to Apple's online store. The US Federal Circuit Court (the U.S. Court of Appeals for the Federal Circuit) approved Apple's call to suspend the prohibition, allowing them to put these devices for sale.
The decision does not represent a permanent resolution of this divergence, but only postpone the prohibition during the period when Apple is waiting for a decision from the U.S. Customs and Border Protection about whether the proposed redware of the Blood Oxygen function of the Apple Watch Ultra 2 and Apple Watch Series 9 avoids violation of the two Masimo patents. The decision from the U.S. Customs and Border Protection is scheduled to be announced on January 12.
Related: Could Apple still sell the Apple Watch Series 9 and Ultra 2 in the US?
If the U.S. Customs and Border Protection decides that Apple's software change is not suitable and the Apple Court of Appeal rejects the prohibition throughout the call process, Apple Watch Series 9 and Apple Watch Ultra 2 could be withdrawn from the market again.
