Certain Apple Watch imports have been prohibited in the United States after the US International Trade Commission (ITC) ruled that Apple had infringed on Masimo's patents for a blood oxygen sensor. In response, Apple engineers are working urgently to modify the algorithms used for the blood oxygen sensor in the Apple Watch in order to avoid halting sales of the device.
According to Bloomberg, Apple announced today that it will cease selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the US starting from December 21. Sources familiar with the matter stated that engineers are currently making changes to how oxygen saturation is calculated and how users receive the data. These adjustments are expected to eliminate any technology that may be infringing on Masimo's patents.
Apple's decision to stop selling these models is in line with its previous announcement that it is exploring legal and technical solutions to resolve the issue promptly and resume sales of the Apple Watch. The hardware implicated in the patent infringement is responsible for powering the Apple Watch blood oxygen sensor, and Masimo believes that a software update alone will not be sufficient to address the patent violations. As reported by Bloomberg, Masimo asserts that "the hardware needs to change."
However, Apple seems to believe that a software-based solution could be effective. A representative informed Bloomberg that the company is working on submitting a workaround. Nevertheless, considering the need for testing the modifications, it is unlikely that a software update will be available before the sales halt. Hardware updates, if required, would take at least a few months to implement.
To comply with the ITC's ruling, Apple is taking proactive measures, even though the White House has until December 25 to make a final decision on the matter. As of December 21 at 2:00 PM Pacific Time, the Apple Watch Series 9 and Apple Watch Ultra 2 will no longer be available for purchase in US stores. Online sales will also cease after December 24.
However, the Apple Watch SE, which does not feature a blood oxygen sensor, will still be available for purchase in other countries, along with the standard Apple Watch models. Apple intends to appeal the ITC's decision to the U.S. Court of Appeals for the Federal Circuit on December 26 if a motion for reconsideration is not granted.
In a statement released earlier today, Apple provided the following information:
"A Presidential Review Period is underway regarding an order from the U.S. International Trade Commission related to a technical intellectual property dispute involving Apple Watch devices with the Blood Oxygen feature. While the review period will continue until December 25, Apple is taking preemptive steps to comply if the ruling is upheld. This includes suspending sales of the Apple Watch Series 9 and Apple Watch Ultra 2 on Apple.com starting December 21, and in Apple retail stores after December 24. Sales of these devices in other countries are not affected at this time.
Apple is committed to creating products and services that empower users with top-notch health, wellness, and safety features. The company strongly disagrees with the order and is exploring various legal and technical options to ensure that the Apple Watch remains available to customers. In the event that the order is upheld, Apple will take all necessary measures to promptly return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US."
