Apple is apparently preparing a workaround for the US prohibition on the sale of the Apple Watch Series 9 and Apple Watch Ultra 2 by deleting the ability to measure blood oxygen levels.
In case you missed it, Apple’s latest and greatest Apple Watches, the Apple Watch Series 9 and Apple Watch Ultra 2, can no longer be sold in the United States due to a patent dispute with health tech startup Masimo. The case centered on the watch’s blood oxygen sensor, which Masimo believes infringes upon its copyright.
According to 9to5Mac, Apple has recommended redesigning the Series 9 and Ultra 2 watches so that they can continue to be sold without the pulse oximetry functions. According to a filing from Masimo’s legal team, US Customs determined on Friday, January 12, that the Apple Watch Series 9 and Ultra 2’s redesign, which lacks pulse-oximetry functions, “falls outside the scope of the remedial orders in the ITC Investigation underlying Apple’s appeal”.
This means that the watches can be sold again in the United States as long as they do not include those characteristics. Masimo’s lawyers’ filing goes on to say that “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…'” .
We’ll learn more about the US Customs ruling in due course, but existing owners should rest assured that if they’ve already purchased a Series 9 or Ultra 2, they will be unaffected by this decision.
Analysis: Significant hardware changes?
It appears that Apple succumbed in order to get its watches back on the stores as soon as possible, redesigning the watches to eliminate any functionality. This is considerably different from merely removing the opportunity to use the feature, which could have been reversed if the court battle had ended in Apple’s favor.
Apple is still keeping the details of the makeover under wraps. There’s a lot of speculation, and we don’t even know when Apple will restart selling Apple Watches in the US. In the meantime, you can still get one at Best Buy, where the Apple Watch Series 9 is currently on sale for $70 off.
However, be aware that if you want a repair or replacement for your current watch, you may be affected by Apple’s mandated modifications to its repair and replacement policy. This does not only apply to new devices; it will also affect previous models dating back to the Apple Watch 6.
If you do not live in the United States, nothing changes: Masimo’s patent claim solely applies to timepieces manufactured in the United States. For UK, European, Asian, and Australian shoppers, life goes on, and you can still purchase an Apple watch as usual.
“Apple’s declaration that their new watch lacks pulse oximetry is a positive step toward transparency. It is critical that one of the world’s largest and most powerful corporations respects smaller companies’ intellectual property rights and complies with ITC decisions when discovered infringing.”
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