There has been yet another development in the never-ending game being played between Apple and rival Masimo. A U.S. federal appeals court has formally denied Apple's motion to suspend the recent import ban on the Apple Watch Ultra 2 and Apple Watch Series 9. As a result, sales of both devices in the U.S. will be halted beginning tomorrow.

The U.S. International Trade Commission first imposed the import ban in October 2023 for alleged patent infringement related to the devices' blood oxygen monitoring capabilities. So what will happen to Apple, prospective customers, and current-generation Apple Watch owners?

Apple announced earlier this week that it intends to disable the feature in question if the appeal fails. This workaround, authorized by U.S. Customs and Border Protection, is surely a temporary fix that would be far less costly than a complete halt to sales.

Well, here we are: according to a Bloomberg report, Apple has already shipped units with the feature disabled to brick-and-mortar Apple stores in anticipation of this outcome. These units have not yet been sold, but will probably be replaced on the floor shelves tomorrow morning.

It is worth noting that Apple is not removing the physical hardware from these devices, but rather using software to block access to the blood monitoring technology.

What this means for users who currently own the Apple Watch Series 9 and Ultra 2 remains to be seen. But frankly, I would be surprised to see this feature removed from watches purchased prior to this ruling.

The uproar began with the Apple Watch Series 6, which was released in 2020. According to the first lawsuit filed in 2021 by California-based medical technology company Masimo, Apple's blood oxygen monitoring feature relies on technology owned by Masimo. To make matters worse, nearly every Apple Watch since the feature was introduced in the Series 6 has allegedly infringed Masimo's patents.

The lawsuit has meandered through the U.S. legal system for several years at this point, but a breakthrough came last October when the U.S. International Trade Commission (ITC) upheld an earlier-year ruling upholding Masimo's infringement claims.

The October ITC ruling put the case into a 60-day presidential review period, giving President Joe Biden a chance to overturn the decision based on economic concerns. It did not materialize (which rarely happens in such cases).

The review period ended on December 25, and Apple pulled both products from its physical and online stores. Conveniently, this action was not implemented until after the busy holiday shopping season, lasting only a few days.

As the New Year approached, Apple filed a motion with the U.S. Court of Appeals to appeal the October ITC ruling. This temporarily suspended the import ban, and sales resumed on December 28 while the ruling was reviewed.

Eventually, the U.S. Court of Appeals again ruled in Masimo's favor, and the case is now before us.

Presumably, Apple will proceed with its plans to sell the modified device while continuing the appeals process or attempting to reach a settlement with Masimo. FYI, Apple has also accused smaller rivals of intellectual property theft.

Outside of Apple Stores, consumers will be able to obtain unmodified Ultra 2 and Series 9 through third-party retailers for at least the next few weeks. After all, the Apple Watch Ultra 2 is a very popular device and the best smartwatch for safety in 2024. Likewise, the Apple Watch 9 is the best overall smartwatch for most people in 2024.

In other words, many people, including us, are following this case with bated breath. We will keep you posted on any new developments as soon as they emerge.

In the meantime, buckle up. There are more to come.