In the ongoing legal battle between Apple and medical device maker Masimo, the fate of the Apple Watch Series 9 and Ultra Watch 2 hangs in the balance. However, there seems to be a glimmer of hope for Apple as U.S. Customs has approved a proposed redesign that may allow the company to avoid a sales ban.
To provide some context, Masimo had accused Apple of patent infringement related to the blood oxygen monitoring feature found in most Apple Watches, except the Apple Watch SE. In October, the U.S. International Trade Commission ruled in favor of Masimo, resulting in a temporary removal of the Watches from sale. Apple appealed the decision, leading to the return of the products to Apple Stores, at least for the time being.
To address the patent infringement allegations, Apple needed to find a solution that would not merely involve software modifications but require changes to the hardware itself. And it appears that Apple may have come up with such a workaround. However, there's a catch: the redesign may lead to the removal of the blood oxygen monitoring feature that has sparked controversy.
This development came to light when Masimo announced on January 15 that the U.S. Customs and Border Protection (CBP) had approved a move by Apple. According to reports, the CBP determined that Apple's redesigned Watches would not fall within the import ban imposed by the U.S. International Trade Commission. Apple informed Masimo that the redesigned watches no longer contain the technology in question, known as pulse oximetry.
So, if Apple's appeal succeeds, allowing the import and sales ban to be permanently lifted, the Watches will continue to offer the pulse oximetry feature. However, if the appeal fails, Apple will sell Apple Watches without blood oxygen monitoring in the United States. It's worth noting that this ban only applies within the U.S. and does not affect Watches already in customers' possession.
If the ban is reinstated, customers will still have the option to purchase the Series 9 and Ultra 2 Apple Watches, but without the notable blood oxygen monitoring feature. Reports suggest that these watches without pulse oximetry are being shipped to U.S. stores in preparation for potential sales in the event of an unsuccessful appeal, possibly as early as this week.
The situation raises an interesting dilemma for consumers. Buying the Watches now allows access to a valuable health feature, but acquiring the Series 9 or Ultra 2 after an unsuccessful appeal means missing out on this key functionality. The hope is that Apple will find a way to navigate these patent disputes without compromising the user experience, particularly when it comes to health-related features.
As the legal battle continues, we will keep a close eye on any developments. Whether Apple's appeal succeeds or fails, the outcome will shape the future of the Apple Watch Series 9 and Ultra Watch 2, determining whether or not the blood oxygen monitoring feature remains a part of these popular wearable devices.
