Apple is reportedly preparing a solution to the US ban on the sale of Apple Watch Series 9 and Apple Watch Ultra 2: removing the ability to read blood oxygen levels.
In case you missed it, Apple can no longer sell the Apple Watch Series 9 and Apple Watch Ultra 2 (its latest and greatest Apple Watches) in the US due to a patent dispute with the tech company Masimo healthcare. The dispute centers on the watch's blood oxygen sensor, which Masimo claims infringes its copyright.
9to5Mac reports that Apple has proposed a redesign of the Series 9 and Ultra 2 that would allow it to continue selling the watches without pulse oximetry features. US Customs determined on Friday, January 12, that the redesign of the Apple Watch Series 9 and Ultra 2, without pulse oximetry features, “falls outside the scope of corrective orders in the ITC investigation underlying Apple's appeal,” according to a Masimo document. legal team.
This means the watches can be sold again in the US, as long as they do not have those features. Masimo's attorneys' filing goes on to state that “in Apple's application under 19 CFR Part 177 (in a portion it did not identify as confidential), Apple explained 'that its redesigned watch products definitely (i) do not contain oximetry functionality pulse…'”.
We'll hear more about the decision from US Customs in due course, but existing owners should rest assured that if they've already purchased a Series 9 or Ultra 2, they won't be affected by this decision.
Analysis: Big hardware modifications?
It seems that Apple has given in to get its watches back on shelves as quickly as possible and has redesigned them to remove the functionality entirely. This is very different from simply removing the option to access the feature, which probably could have been reversed if the legal battle ended in Apple's favor.
Apple is still keeping details of the redesign confidential for now. There is a lot of speculation and we don't even have a concrete date on when Apple will resume selling its Apple Watches in the US. In the meantime, you can still get one at stores like Best Buy, which offers Apple Watch Series 9 at $70 off right now.
Be careful, though: If you need to repair or replace your current Watch, you may be affected by changes required by Apple to its repair and replacement plan. This isn't just for new watches: it will affect historic models like the Apple Watch 6.
If you don't live in the US, there's no change to the way things are made – Masimo's patent claim only applies to watches in the US. For buyers in the UK, Europe, Asia and Australia, life goes on and you can still purchase an Apple watch as normal.
Update 01/15/2024: TechRadar received a statement from a Masimo spokesperson, stating the following:
“Apple's claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability. It is especially important that one of the largest and most powerful companies in the world respects the intellectual property rights of smaller companies and comply with ITC orders when found violating.”
