Apple’s Response to Legal Challenges: Potential Disabling of Pulse Oximeter on Apple Watch Series 9 and Ultra 2 Models
In light of an impending appeals court verdict, Apple is gearing up to deactivate the pulse oximeter functionality on newly sold Apple Watch Series 9 and Apple Watch Ultra 2 units should the ruling go against the tech giant. This proactive measure is aimed at adhering to the International Trade Commission’s (ITC) Exclusion Order, which initially mandated Apple to withdraw the implicated watches from both online and physical Apple Stores in the U.S.
The current availability of these watches is sustained by a temporary hold, courtesy of the U.S. Court of Appeals for the Federal Circuit. The ongoing legal proceedings revolve around allegations that Apple infringed on one of Masimo’s patents related to the pulse oximeter.
The ITC judge’s earlier ruling in January found Apple in violation of a Masimo patent, leading to the issuance of the Exclusion Order. In response, Apple submitted a redesign proposal to U.S. Customs, opting to disable the pulse oximeter functionality on the watches.
Masimo has revealed that the U.S. Customs and Border Protection’s Exclusion Order Enforcement Branch deemed Apple’s redesign as falling outside the scope of the ITC’s remedial orders. According to Apple’s declaration to U.S. Customs, the redesigned watches “definitively do not contain pulse oximetry functionality.”
The forthcoming decision from the appeals court is crucial in determining Apple’s next steps. If the court decides to maintain the Exclusion Order during the ongoing appeals process, Apple might need to sell the affected watches without the pulse oximeter feature or explore the possibility of licensing the patent from Masimo.
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Existing owners of Apple Watch Series 9 and Apple Watch Ultra 2 units will retain access to the pulse oximeter functionality. Any potential deactivation would apply only to newly purchased units, contingent upon the court’s decision. The outcome of the appeals court ruling is poised to shape the future availability of these watches in the U.S. market.
