In the Apple vs. Masimo Corp. case, the United States Customs and Border Protection has determined that a software fix to disable the blood oxygen sensing feature in the affected smartwatches should be enough to bypass the ITC import ban. Earlier this year, Apple managed to get the Apple Watch Series 9 and Ultra 2 back to stores.
Masimo’s Attorneys Say The Apple Watch Redesign Falls Outside The Scope Of Patent
In a Federal Circuit filing (via 9To5Mac), Masimo’s attorneys say that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope” of the ITC ruling. The Cupertino-based giant claims that the redesigned smartwatches don’t contain the pulse oximetry functionality, which came under Masimo’s patent.
However, Apple hasn’t publicly disclosed its changes to the Apple Watch Series 9 and Ultra 2 design, which could be mere software updates that disable the concerned sensor. Nonetheless, the existing units available to purchase in the United States still have the blood-oxygen feature enabled. Once the import ban lifts, the new units imported into the region won’t offer the functionality above.
Apple Might Have Bypassed The Ban Via A Software Update
The possibility of implementing a software update is highly likely, especially since removing the disputed sensor technology will require extensive resources. Engineers would have to redesign the watch’s internals, which could require time. Further, the production and shipment of the new models, especially when Apple is busy with the Vision Pro launch, could lengthen the process to the extent that it would cause losses worth millions of dollars.
Hence, as long as the redesign circumvents the patented tech by Masimo, Apple should no longer face problems importing and selling the Watch Series 9 and the Watch Ultra 2 in the United States. However, this would make the Watch Series 8 a more compelling option for buyers, mainly since it includes the blood-oxygen sensor, a crucial feature for smartwatches in 2024.
A Decision From The Appeals Court Can Lift The Import Ban On The Concerned Models
Apple is still waiting for a decision from the U.S. Appeals Court on the request to uplift the import ban. The decision could come any time now.
Elsewhere, Apple is also preparing to launch a new version of the App Store for customers in the European Union as part of the directives set by DMA. The App Store will allow third-party payments and promote offers on other platforms. Meanwhile, the users in this region should also be able to sideload apps before March 7, 2024.
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