Apple has restarted selling the Apple Watch Series 9 and Ultra 2 models, but had to deactivate the blood oxygen measurement feature because of a patent conflict with the medical technology firm Masimo.
Apple’s recent update did not entirely eliminate the watch feature. Instead, users are now notified that the service is no longer accessible and are guided to find more details in the Apple Health app.
The legal conflict between Apple and Masimo started in January 2020 after Masimo claimed that Apple had violated patents and misappropriated trade secrets concerning the blood oxygen sensor in the latest Apple Watch versions.
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In October 2023, the US International Trade Commission (ITC) determined that Apple violated Masimo patents, resulting in multiple legal disputes. The inclusion of blood oxygen measurement features in Apple Watch models since the Series 6 launch in 2020 has been significant, and its removal poses a challenge for Apple.
Apple claims that Masimo’s legal approach aims to create opportunities in the wearables market for Apple’s health tracking watch, which includes a blood oxygen measurement function.
The company’s chosen solution does not fully eliminate the feature of the impacted Apple Watch models – the red, white, and blue app icon still appears in its usual place. However, when users attempt to access the app, the smartwatch alerts them that the service is no longer accessible and directs them to a page with further details in the Apple Health app.
Response to the court’s ruling
The modification is a result of a ruling by the U.S. Court of Appeals for the Federal Circuit, which was issued on Wednesday and reported by the Washington Post. This ruling reinstated the ban on importing and selling the Apple Watch, effective this week.
The ban was temporarily delayed before the company formally challenged a ruling by the US International Trade Commission. In October 2023, it was determined that Apple had violated Masimo’s patents related to the Apple Watch.
Apple plans to address the patent conflict with Masimo by disabling the oxygen sensor on the Apple Watches Series 9 and Watch Ultra 2 sold in the US.
Big tech provided a document to the United States customs agency, CBP, to clarify that this was the resolution to avoid infringing Masimo’s patent.
CBP has granted approval, but Apple is still subject to the process.
Looking for other options
Apple is attempting to develop its own oximeter technology to address sales restrictions in the US without infringing on Masimo’s patent.
It is unclear how long Apple has been developing it, but the solution shown to CBP suggests that the Made in Cupertino sensor has yet to be released without infringing on Masimo’s rights.
CBP has approved Apple’s solution, so the manufacturer must conceal the smartwatch functionality in the advertisements.
Apple has not provided an official stance on the matter, so there is no update on the product’s sales future.
The company’s US website still mentioned that the Apple Watch Series 9 and Watch Ultra 2 are equipped with a blood oxygen sensor, known as an oximeter.
