It seems that Apple will be able to bypass this import ban about Apple Watch series 9 and Ultra 2 after releasing the devices and the main feature, they sell these products again in the US. according to letter Masimo, which is involved in a patent dispute against Apple, has told an appeals court judge that the latter can lift the ban by removing the Blood Oxygen app from the Apple Watch devices it sells in the US.
In the letter, US Customs and Border Protection (CBP) found that “Apple’s redesign falls outside the scope of the International Trade Commission’s (ITC) import ban on the two devices. Apple told CBP that its “Redesigned Watch Products strictly do not include pulse oximetry functionality.” Other details of CBP’s decision are confidential, and as of now, “no public version of the decision is available,” Massimo’s letter said.
according to Reuters, but the CBP decision can be reversed if the ITC disagrees. Apple is said to have already shipped refurbished Watch Series 9 and Ultra 2 units to its US locations, but stores have been told not to open or sell the new versions until given the green light from higher ups.
ITC in October defended a previous sentence Apple has infringed on Masimo’s patents related to blood oxygen functions on the Apple Watch. The decision led Apple to this stop selling Watch Series 9 and Ultra 2 in the US in time for Christmas via its website and Apple Stores. Emergency temporary stay In late December, the ITC decision gave Apple a chance start selling wearables again in the United States.
according to 9-5 Mac, Apple’s concession will not affect those who already own an Apple Watch with pulse oximetry features. Apple has been offering Blood Oxygen on its wearables since launch Apple Watch Series 6 in 2020. It is possible that once Apple resolves the patent issue, it will release a new version of Blood Oxygen to affected units.
Shortly after Apple announced it would stop selling the Watch Series 9 and Ultra 2 to comply with the ITC’s order, the company’s engineers working hard on software update. The effort is said to focus on changes to the Blood Oxygen app and its algorithms to ensure the devices infringe Masimo’s patents.
That is, according to Bloomberg, scrapping the app entirely was seen as the fastest (and likely easiest) way to avoid the ban being reinstated, although removing a once-high-profile feature of the Apple Watch is a significant trade-off. A federal appeals court could hear Apple’s motion to extend the stay (granted an appeal is pending) like this week about the ban.
Masimo claimed that Apple employed former employees and used pulse oximetry technology in Apple Watch devices. Apple countered Masimo, claiming that the company patented the Apple Watch features of its own smartwatch.