In a significant development, Apple is contemplating the removal of blood oxygen features from its upcoming Apple Watch Series 9 and Watch Ultra 2, following a patent infringement lawsuit with medical device maker Masimo. The potential redesign comes as a response to a recent temporary ban on sales in the US, triggered by Masimo’s claims of patent violation related to similar technology developed and patented in 1995. Here’s a closer look at the unfolding scenario.
Background of the Patent Dispute: Last month, Apple faced a setback as Masimo accused the tech giant of infringing on its patent, leading to a temporary halt in the sales of Watch Series 9 and Watch Ultra 2. The US International Trade Commission (ITC) issued a limited exclusion order, banning the import, sale, and distribution of the alleged infringing products in the US.
Temporary Relief and Software-Based Workaround: Apple swiftly appealed the ITC decision, securing a temporary pause on the sales ban. During this period, Apple introduced a software-based workaround to disable the blood oxygen measurement features on the affected watch models in the US. The company resumed sales while awaiting an assessment from the US Customs and Border Protection regarding modifications made to comply with regulatory requirements.
Contemplated Redesign to Omit Blood Oxygen Hardware: In a recent filing with the Federal Circuit, Masimo’s attorneys disclosed that Apple’s redesigned watches would exclude pulse oximetry. This design change is seen as a proactive measure by Apple to align with the ITC ruling and avoid further legal complications. The redesign would involve the omission of blood oxygen hardware from the affected products.
Legal Implications and Apple’s Appeal: Masimo, appreciating Apple’s move toward accountability, emphasized the importance of respecting intellectual property rights. Apple’s drastic measure of redesigning the watches could be implemented if the company fails to secure an extended stay from a federal appeals court. Apple is awaiting a decision on its request for a comprehensive stay throughout the appeal period from the US Court of Appeals for the Federal Circuit, which could last a year or more.
Current Status and Future Outlook: As of now, the redesigned models have reportedly reached Apple retail stores, but instructions have been given not to sell them until a verdict on Apple’s appeal is reached. The fate of the blood oxygen feature on the upcoming Apple Watch Series 9 and Watch Ultra 2 remains uncertain, dependent on legal proceedings and potential design alterations.
