Apple initially suspended sales for the watches but later resumed them aftersecuring a stay by asking the U.S. Court of Appeals for the Federal Circuit to postpone the ban temporarily. The Court of Appeals agreed to the request while considering whether or not the ban should be permanently put on hold until Apple’s appeal is settled.

According to Reuters, Apple appeared in court this month, arguing that it was likely to win its appeal and that keeping the ban in effect would harm the company, its suppliers, and the public. The commission countered that keeping the ban on hold would "amount to little more" than a patent infringer "requesting permission to continue infringing.

The Federal Circuit court sided with the commission and told Apple that it could not sell models with the feature during the appeals process.

Analysts told Reuters that they anticipated that Apple would get rid of the component, rather than stop selling the devices, which comprise about a quarter of the global smartwatch market, according to Counterpoint Research. According to a company report, Apple’s wearables, home, and accessory business, which includes the Apple Watch, made $8.28 billion in revenue in Q3 2023.

Apple is also currently involved in a legal dispute with AliveCor. In late 2022, the ITC ruled that it stole AliveCor patents to create wearable EKG technology for its Apple Watches. Biden also did not overturn that ruling, but the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office ruled AliveCor’s patents were invalid, preventing the ITC ruling from affecting sales.

Wedbush Securities analyst Dan Ives told the Associated Press in December that the disputes with Masimo and AliveCor indicate that Apple may eventually have to enter into licensing deals or acquire startups specializing in the field to integrate these features with its watches.

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