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Apple Watch Series 9 & Ultra 2: Patent infringement and solution

by Milan
January 15, 2024
Apple Watch

London, United Kingdom - Sep 23, 2022: Close-up macro view of digital crown and side button on the body of new titanium Apple Watch Ultra designed for extreme activities like endurance sports, elite athletes, trailblazing, adventure - blue watch dive band

In a recent development surrounding the Apple Watch Series 9 and Apple Watch Ultra 2, US Customs has made a decision that could affect the fate of these popular smartwatches in the US. Apple has proposed a redesign in an effort to circumvent a ban based on patent infringement, but it calls into question a key feature of the devices - the pulse oximetry function.

The Apple Watch has long been a pioneer in the world of smartwatches, offering numerous health and fitness features. However, one of these features, pulse oximetry, was patented by Masimo, leading to legal battles between the two companies. In the midst of these legal battles, Apple has now made a decision that will impact users of its latest models (via 9to5mac).

solution at the expense of an important function

The conflict between Apple and Masimo revolves around the infringement of patents related to the blood oxygen sensor, specifically the pulse oximetry function. The US Customs and Border Protection agency has ruled that Apple's proposed redesign of the Apple Watch Series 9 and Apple Watch Ultra 2 no longer falls under the ITC decision, which previously posed a threat to the sale of these models. This may seem like good news for Apple at first glance, but there is a significant catch. To avoid the patent infringement, Apple plans to remove the pulse oximetry functions from its watches. This means that the Apple Watch Series 9 and Apple Watch Ultra 2 can still be sold, but without the ability to measure blood oxygen levels. This is undoubtedly one of the most popular features of these devices, which has helped many users monitor their health and fitness.

Apple Watch Series 9 & Ultra 2: Pulse oximetry functions to be deactivated

The U.S. Customs Department's decision essentially states that the Apple Watch Series 9 and Apple Watch Ultra 2 do not infringe any of Masimo's patents as long as they do not include "pulse oximetry functionality." This raises questions about whether removing these features on the software side meets customer needs and whether it will impact the success of these watches. It is important to note, however, that both Apple and Masimo have classified certain information related to this decision as confidential, which obscures the exact details of the decision. Additionally, a decision from the U.S. Court of Appeals is still pending on Apple's request to stay the Apple Watch ban during the appeals process.

Are other markets also affected?

The import and sales ban was limited to the US, so it is unclear whether Apple will make this change only in the US or worldwide. As Mueller notes, Apple is free to sell the watch in the prohibited form until the ban is reinstated. Only if the ITC lifts the ban again would the company have to switch to the modified version without blood oxygen monitoring. (Photo by hadrian / Bigstockphoto)

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