According to Bloomberg, Apple engineers are "racing" to modify the blood oxygen sensor in the Apple Watch's algorithms in order to prevent having to stop selling the device. Due to an impending import ban resulting from a patent dispute with medical device company Masimo, Apple announced earlier today that it will cease selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States as of December 21.
According to sources who spoke with Bloomberg, engineers are changing how oxygen saturation is calculated and how customers receive the data; these changes are likely to remove technology that is thought to be infringing on Masimo patents. According to Apple, it is "pursuing a range of legal and technical options" to ensure that Apple Watch sales can resume as soon as possible, and this work is in line with that statement.
Masimo thinks that a software update won't be sufficient to resolve the patent infringements because his patents pertain to the hardware that drives the blood oxygen sensor in the Apple Watch. According to Masimo, "the hardware needs to change," Bloomberg reported.
Apple appears to believe that a software-based solution will be adequate, as a representative for the company told Bloomberg that it is working on submitting a workaround. Given that Apple will need to test the changes, it is unlikely that a software fix will be released prior to the end of sales. Updates to the hardware would take at least a few months.
Following a decision that Apple had infringed upon Masimo's patents pertaining to non-invasive blood oxygen sensing, the United States International Trade Commission (ITC) issued an order in October prohibiting the importation of certain Apple Watches into the country. Before Apple has to stop selling the Apple Watch, U.S. President Joe Biden may review the court's ruling and veto the ban; however, vetoes of ITC bans by the president are uncommon.
Apple has made the proactive decision to get ready to comply with the ITC's ruling, even though the White House has until December 25 to make a decision. After 12:00 p.m. Pacific Time on December 21, Apple will cease selling the Apple Watch Series 9 and the Apple Watch Ultra 2 in retail locations across the United States. Additionally, after December 24, online sales will also cease. Because the Apple Watch SE lacks a blood oxygen sensor, it will continue to be available in other countries along with the Apple Watch.
If a veto is not granted, Apple intends to file an appeal of the ITC's ruling with the U.S. Court of Appeals for the Federal Circuit on December 26. Apple's earlier-to-day statement:
Regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices with the Blood Oxygen feature, a Presidential Review Period is currently underway. Even though the review period doesn't end until December 25, Apple is already preparing to comply in case the decision is upheld. This includes stopping the sale of the Apple Watch Series 9 and Apple Watch Ultra 2 starting on December 21 on Apple.com and ending on December 24 at Apple retail stores. Sales of the devices in other nations are unaffected by the ruling right now.
Apple's teams put in a lot of effort to develop goods and services with cutting-edge safety, wellness, and health features that empower consumers. Apple is pursuing a number of legal and technological options to guarantee that Apple Watch is accessible to customers as it vehemently disagrees with the order.
If the order is upheld, Apple will keep doing everything in its power to get the Apple Watch Series 9 and Apple Watch Ultra 2 back to American consumers as quickly as possible.
Though older Apple Watches also use the same technology, at this time only the Apple Watch Series 9 and the Apple Watch Ultra 2 are sold by Apple that have blood oxygen sensing capabilities (apart from refurbished models). If the ban is implemented, customers will still be able to get their devices fixed and replaced. Until supplies run out, third-party retailers will be able to continue selling the Apple Watch Series 9 or Ultra 2. As a result, customers who want to purchase one before the holidays can do so from places like Best Buy and Target.
Though older Apple Watches also use the same technology, at this time only the Apple Watch Series 9 and the Apple Watch Ultra 2 are sold by Apple that have blood oxygen sensing capabilities (apart from refurbished models). If the ban is implemented, customers will still be able to get their devices fixed and replaced. Until supplies run out, third-party retailers will be able to continue selling the Apple Watch Series 9 or Ultra 2. As a result, customers who want to purchase one before the holidays can do so from places like Best Buy and Target.
Apple may settle with Masimo if it is unable to get the infringing technology removed or appeal the ITC's ruling, but there have been no indications of any settlement discussions between the two parties as of yet.
