Patent dispute: Apple to remove blood oxygen app from watches
Apple has decided to eliminate the blood oxygen measurement feature from two of its watch models as a strategic move to prevent a potential sales ban on these devices in the United States, aiming to ensure continued availability and sales of the watches in the market.
Last year, Apple ceased sales of Series 9 and Watch Ultra 2 models amid a prolonged patent dispute with Masimo, a health tech company known for pulse oximeters. The tool gauges oxygen saturation in the wearer’s red blood cells.
According to a Bloomberg report, Masimo conveyed in a letter to an appeals court judge that Apple could sidestep the potential ban by ceasing the inclusion of the Blood Oxygen app on future Apple Watch units sold in the United States.
According to the letter, the US Customs and Border Protection (CBP) concluded that “Apple’s redesign falls outside the scope” of the import ban imposed by the International Trade Commission (ITC) on the two devices.
This determination underscores the nuanced interpretation of the regulatory framework, allowing Apple to proceed with its redesigned products without violating the ITC restrictions.
In its communication with CBP, Apple asserted that its “Redesigned Watch Products unequivocally lack pulse oximetry functionality.” The confidentiality surrounding additional specifics of the CBP decision is emphasized in Masimo’s letter, clarifying that, at present, there is no publicly available version of the decision.
After the ITC found Apple’s watches violated Masimo’s patents, the devices were removed from shelves. The ban was initially enforced on December 26, but Apple appealed, leading to a temporary lift, allowing the resumption of watch sales in the U.S.
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Masimo, in a statement, characterized Apple’s decision to eliminate the tool from its watches as “a commendable stride towards accountability.”
“It is especially important that one of the world’s largest and most powerful companies respects the intellectual property rights of smaller companies and complies with ITC orders when it is caught infringing,” a Masimo spokesperson said.
According to reports, the altered Apple Watches have been delivered to the company’s U.S. retail stores, though they await approval for sale. Prospective Apple Watch buyers seeking the blood oxygen measurement feature should verify its inclusion before making a purchase.
In December, Apple publicly expressed its opposition to the International Trade Commission’s (ITC) ruling and declared its intent to explore alternative solutions and workarounds to address the regulatory challenges posed by the decision.
