Apple has been making watches for a while now but it seems like it’s latest of smartwatches will be losing out on a vital feature, at least in the US. The company has decided to remove the blood oxygen features from its Apple Watch Series 9 and Ultra 2, to avoid a US import ban caused by a patent infringement lawsuit with medical device maker Masimo.
Earlier last month, it was reported that Apple would be temporarily halting the sales of the Watch Series 9 and the Watch Ultra 2. Masimo claimed that Apple infringed its patent on a similar technology, which it developed and patented in 1995. ITC issued a limited exclusion order thereafter, that banned Apple from importing, selling, or distributing the infringing products in the US.
However, the ban didn’t last long, as Apple appealed the decision, securing a temporary pause on the watch ban. This allowed the company to resume sales in the US while awaiting an assessment from the US Customs and Border Protection regarding the modifications that were made in the watches in accordance with what the regulatory body required.
Meanwhile, Apple found a software based workaround which disabled the blood oxygen measurement features on the concerned Watch models in the US. Apple has now decided to redesign the watches where the blood oxygen hardware would also be omitted from the products.
In a filing on Monday with the Federal Circuit, Masimo attorneys assert that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of” the ITC ruling. “Apple’s claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability,” said Masimo, according to a Bloomberg report. “It is especially important that one of the world’s largest and most powerful companies respects the intellectual property rights of smaller companies and complies with ITC orders when it is caught infringing”.
This drastic measure would likely be implemented if Apple doesn’t secure an extended stay from a federal appeals court. As of now, the company is expecting a decision on its request for a comprehensive stay throughout the appeal period from the US Court of Appeals for the Federal Circuit. As per Apple, the period could last a year or more. Until then, the Apple Watch blood-oxygen feature will continue to be available on the units that are currently on sale.
Bloomberg further reports that the Apple retail stores have already received the tweaked models of the Series 9 and Ultra 2 watches. However, they have reportedly been told to not sell those units until they receive an intimation from the corporate offices of Apple. This intimation would likely be sent in case Apple’s appeal fails.