Apple engineers are urgently working to modify the algorithms of the blood oxygen sensor in the Apple Watch following the company’s decision to halt sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States from December 21. The sales suspension is in response to an imminent import ban arising from a patent dispute with medical device company Masimo.
All About Apple Watch Issue
According to sources cited by Bloomberg, the engineers are making adjustments to how oxygen saturation is determined and how the corresponding data is presented to users. These updates are anticipated to eliminate technology that allegedly infringes on Masimo’s patents. Apple has previously stated that it is exploring both legal and technical avenues to expedite the resumption of Apple Watch sales.
Masimo asserts that the patents in question pertain to the hardware supporting the Apple Watch blood oxygen sensor and contends that a mere software modification will not address the patent violations. Masimo explicitly stated to Bloomberg, “The hardware needs to change.”
While Apple believes a software-based solution will be sufficient and is working on submitting a workaround, it is unlikely that a fix will be implemented before the sales suspension, as rigorous testing is required. Hardware updates, if necessary, would take a minimum of several months.
In October, the United States International Trade Commission (ITC) imposed a ban on certain Apple Watch imports into the U.S. after determining that Apple had violated Masimo’s patents related to non-invasive blood oxygen sensing. Although U.S. President Joe Biden has the authority to review and potentially veto the ban, such presidential interventions in ITC bans are rare.
While the White House has until December 25 to make a decision, Apple has opted to proactively comply with the ITC’s ruling. Sales of the Apple Watch Series 9 and the Apple Watch Ultra 2 in U.S. retail stores will cease on December 21 after 12:00 p.m. Pacific Time and online sales will conclude after December 24. This decision does not impact the Apple Watch SE, which lacks a blood oxygen sensor and remains available in other countries.
Apple intends to appeal the ITC’s order with the U.S. Court of Appeals for the Federal Circuit on December 26 if the ban is not overturned. The company strongly disagrees with the order and is exploring legal and technical measures to ensure the availability of the Apple Watch to customers. Apple will take all necessary steps to return the Apple Watch Series 9 and Apple Watch Ultra 2 to U.S. customers as soon as possible if the ruling stands.
It’s worth noting that the Apple Watch Series 9 and the Apple Watch Ultra 2 are the only models currently sold by Apple with blood oxygen sensing technology. Customers will still have access to repair and replacement services if the ban is enforced, and third-party retailers can continue sales until their supplies are depleted. While the settlement with Masimo remains a potential resolution, there are no indications of ongoing settlement discussions between Apple and Masimo at this time.
