Apple Watch US Ban: Tech giant plans to remove blood-oxygen tool to bypass court ordered-ban

In response to an impending ban on its latest smartwatches, Apple Inc. has devised a strategic plan to eliminate the blood-oxygen feature from the Series 9 and Ultra 2 models, as per a report by Bloomberg

The move is aimed at circumventing the ban, pending the outcome of an appeal challenging the ban decision. Masimo Corp, the company embroiled in a patent dispute with Apple over the technology, revealed the plan on Monday, stating that the US Customs and Border Protection has granted approval for the redesign.

The conflict stems from an October ruling by the US International Trade Commission (ITC), which found that Apple’s smartwatches infringed on Masimo’s patents related to blood-oxygen measurement technology, known as pulse oximetry.

As a result, Apple temporarily halted sales just before Christmas, but an interim stay allowed the resumption of sales last month.

Masimo disclosed that Apple presented a software workaround to the customs agency last week, asserting that the redesigned watches unequivocally do not contain the contested pulse oximetry technology.

The customs agency, in turn, determined that the redesign falls outside the scope of the import ban, signalling Apple’s ability to keep the watches on the market.

However, the removal of the blood-oxygen feature would only be implemented if Apple’s appeal for an extended stay from the federal appeals court is unsuccessful.

Apple anticipates a ruling on its motion for a stay for the entire appeal period from the US Court of Appeals for the Federal Circuit as early as Tuesday, with the company suggesting the period could extend for a year or more.

Until a final resolution is reached, Apple reassures customers that newly sold units will continue to feature the blood-oxygen functionality.

The company’s engineers have been working on a software update to modify the blood-oxygen app and algorithms, potentially resolving the issue without sacrificing the feature.

However, the removal of the capability is viewed as a preemptive measure to avert the reinstatement of the ban, which could have occurred this month.

Bloomberg Intelligence analyst Tamlin Bason notes that while Apple’s move addresses the immediate risk of a ban, it may impact customer demand, considering the significance of the blood-oxygen feature, which was prominently highlighted by the tech giant.

Apple has already initiated the shipment of modified Series 9 and Ultra 2 watches to US retail locations, with instructions not to open or sell the tweaked devices until receiving approval from the corporate offices. These modified versions may likely exclude the blood-oxygen feature.

Simultaneously, a federal appeals court is expected to hear Apple’s motion for a continued stay on the ban this week.

The ban, overturned on an emergency basis, awaits further proceedings while the ITC urges the appeals court to dismiss arguments opposing the enforcement of the ban as “weak and unconvincing.”

(With inputs from agencies)

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