The Apple Watch sales ban in the U.S. revolved around the use of a blood oximeter patent that allegedly belongs to Masimo. Apple stated that it would issue a software update that would allow it to circumvent the sales ban, though that would require disabling the blood oxygen monitoring feature of the Apple Watch Series 9 and Apple Watch Ultra 2. Now, according to a court document, modified versions of these smartwatches are being prepared to resume sales in the region.
Certain Apple Watch models will temporarily have their blood oxygen monitoring software disabled until a final verdict from the court is given
In a document filed with the U.S. Court of Appeals for the Federal Circuit that MacRumors spotted, Masimo states that the latest Apple Watch models were being modified to ensure that they could continue selling in the U.S. Earlier, Masimo said that Apple needed to incorporate hardware modifications to its new Apple Watch models to lift the ban, but it appears that limiting the feature through a software lock will also do the trick.
“On Friday, January 12, the Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection decided that Apple's redesign falls outside the scope of the remedial orders in the ITC Investigation underlying Apple's appeal. In Apple's request under 19 C.F.R. Part 177 (in a portion it did not identify as confidential), Apple explained "that its Redesigned Watch Products definitively (i) do not contain pulse oximetry functionality..." Because Apple has maintained that certain information in the EOE proceeding is confidential, Masimo does not provide a copy of the decision with this letter. Currently, no public version of the decision exists.”
However, at the time of writing, Apple still advertises blood oxygen monitoring as a part of the latest models in the U.S., and it is likely that users who currently own the Apple Watch Series 9 or Apple Watch Ultra 2 can continue using the feature. Fortunately for the Cupertino firm, the software update is just a temporary solution, as according to Bloomberg’s Mark Gurman, the company is planning to adjust the Blood Oxygen app’s algorithms to ensure that these changes can avoid Masimo’s patented technology.
It is unclear if these adjustments will allow the Apple Watch sales to resume in the U.S., but from this angle, the legal battle with Masimo is far from over. The medical technology firm appears to have the upper hand here, and since it has won two legal battles in the past, the odds of Apple coming out on top appear to be slim, at least in our opinion.
About the author: Omar Sohail is a reporter and analyst for Wccftech's mobile section, specializing in the technology and business of the mobile industry. His expertise lies in the intricate hardware supply chain, covering developments in semiconductor manufacturing, chip lithography, and camera sensor technology.
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