In an effort to resolve its legal dispute with medical technology firm Masimo, Apple is said to have prepared modified versions of its latest Apple Watch models. These adjustments involve removing the pulse oximetry functionality from new and unsold models, according to a document filed by Masimo with the U.S. Court of Appeals for the Federal Circuit (via MacRumors).
The filing indicates that this modification aims to circumvent the import and sales ban imposed by the U.S. International Trade Commission (ITC) last year. The Apple Watch ban, initiated due to allegations of patent infringement related to pulse oximetry technology, was temporarily halted earlier. However, the ban could have resumed as early as this month, prompting Apple to take this action.
According to Bloomberg’s Mark Gurman, Apple has reportedly begun shipping the modified Apple Watch models to U.S. retail stores. However, the specific timeline for their availability remains uncertain. Apple has not provided a response to inquiries seeking clarification on these developments.
While Apple’s official website still promotes the Blood Oxygen monitoring app as a feature on the Series 9 and Ultra 2 models in the U.S., the modification suggests a temporary removal of this functionality. Existing Apple Watch Series 9 and Ultra 2 owners are expected to maintain access to the feature, and its availability is unlikely to be affected in other countries.
This move by Apple is viewed as a proactive measure, potentially allowing the company to circumvent the ITC’s Apple Watch ban. According to Mark Gurman, Apple is simultaneously working on a software update to adjust the algorithms of the Blood Oxygen monitoring app on the already sold Apple Watch Series 9 and Ultra 2 watches. This effort is likely aimed at addressing Masimo’s patented technology and potentially finding a resolution to the ongoing legal dispute.
In response to this development, Masimo praised Apple’s acknowledgment and action regarding the pulse oximetry feature. A Masimo spokesperson stated, “Apple’s claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability.”
As the legal battle unfolds, it remains to be seen whether Apple’s software update will effectively address the patent concerns raised by Masimo.
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