Key Takeaways:
- Apple is reportedly preparing a software update for the Apple Watch Series 9 and Ultra 2 that would disable the controversial pulse oximetry sensor for reading blood oxygen levels
- California-based medical tech firm Masimo filed a lawsuit against the company in 2020 for illegally using its patented light-based blood oxygen monitoring technology
- Apple was served with an import and sales ban by the US Customs for the latest Watch models in December, which the tech giant has managed to appeal
- Both models of the highly-coveted smartwatches will continue to be available until Apple is proven guilty of patent infringement
After the US International Trade Commission (ITC) temporarily blocked the sales of Apple Watch Ultra 2 and Apple Watch Series 9 models in the US due to a patent infringement complaint from health tech firm Masimo, Apple is readying a permanent software fix that could thwart the import ban.
Apple Watch Series 9 and Ultra 2 To Get Software Fix Disabling Controversial Pulse Oximetry Sensor
As per a brief legal filing by lawyers representing Apple in the Masimo dispute, the tech giant has proposed a solution that involves releasing a software update that will disable the pulse oximetry features entirely on both devices.
A Federal Circuit filing from Masimo refers to a January 12 decision by the Exclusion Order Enforcement Branch of the US Customs and Border Protection, which explained that the branch found Apple’s redesign fell outside the scope of the “remedial orders” in the ITC’s investigation into the company’s appeal.
Apple now claims that its redesigned Watch products “definitely” do not contain pulse oximetry functionality. The company also said the lack of the feature should have no impact on buyers.
The Watch Ultra 2 and Series 9 will continue to be available for sale in the US with the pulse oximeter feature included but disabled since the ban was put on hold in December. That will remain the case at least until the US Court of Appeals for the Federal Circuit rules on Apple’s stay order, and could also apply afterward if the company wins its appeal.
The controversial feature introduced by Apple way back in 2020 provides users with a reading of their blood oxygen levels. Pulse oximetry and blood oxygen monitors are capable of providing crucial information about the level of oxygen found in a person’s blood.
However, the pulse oximetry sensor found on the Apple Watch is hardly accurate and to be fair to the company, it never marketed the blood oxygen feature as something designed for medical use.
Medical Tech Firm Masimo Filed Patent Infringement Lawsuit Against Apple In 2020
Problems started for Apple in October 2023 when the ITC found the company to have violated Masimo’s patent for a pulse oximeter that uses light-based technology to read blood oxygen levels.
Masimo filed a case against Apple in the Central District of California in 2020 and with the ITC in 2021. The medical tech firm claimed that it held discussions with Apple about using its technology in a smartwatch back in 2013, but the talks reached nowhere.
Masimo alleged that Apple hired two of its executives and several key engineers to “illegally duplicate” its technology. Apple denied any violation of Masimo’s patents, arguing that it consulted several medical technology companies before developing its version of the blood-oxygen monitoring tool.
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Apple Could Potentially Reverse Import and Sales Ban of Apple Watches In The US
Apple was faced with an import ban for the latest generation of its smartwatches and a potential sales ban for all Apple Watches released since 2020 with the feature included. Only the Apple Watch SE models were excluded from the ban as they did not come with the blood-oxygen reading tool.
Apple submitted the rumored WatchOS update to the Customs in late December. Although there is not much detail on what the update does, it is speculated to simply disable the blood oxygen measuring features until further notice.
Apple Watch Ultra 2 and Watch Series 9, both released in September 2023, start at $799 and $699, respectively.
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