Apple will remove Blood Oxygen app from Watch Series 9 and Ultra 2 to evade US import ban

It appears Apple will be able to bypass the import ban on Apple Watch Series 9 and Ultra 2 devices and sell them in the U.S. again after giving up a key feature. Masimo, a company involved in a patent dispute with Apple, can circumvent the ban by removing the blood oxygen app from its Apple Watch devices sold in the United States, according to a letter sent to an appeals court judge.

According to the letter, U.S. Customs and Border Protection (CBP) determined: "Apple redesign not in scope" The International Trade Commission (ITC) imposed an import ban on both devices. Apple told CBP, "The redesigned watch products will definitely not include pulse oximetry functionality. “Other details related to CBP’s decision are confidential and, as of now, "There is no public version of the decision," Massimo’s letter states.

according to ReutersHowever, CBP’s decision may be overturned if the ITC disagrees. Apple is said to have been shipping revised Watch Series 9 and Ultra 2 devices across the United States, but stores have reportedly been told not to open or sell the new versions until they receive approval from higher-ups.

Photography: Cherlynn Low/Engadget

In October, the ITC upheld its previous ruling that Apple infringed Masimo’s patent on the Apple Watch’s blood oxygen function. The ruling caused Apple to suspend sales of Watch Series 9 and Ultra 2 in the United States through its own website and Apple stores until Christmas Eve. In late December, the ITC issued an emergency stay of its ruling, allowing Apple to start selling wearables in the United States again.

according to Apple Computer from 9 to 5, Apple’s concession won’t affect those who already own an Apple Watch with pulse oximetry. Since the release of Apple Watch Series 6 in 2020, Apple has offered a blood oxygen app on its wearable devices. Once the patent issue is resolved, Apple may roll out a new version of the Blood Oxygen app to affected devices.

Shortly after Apple said it would stop selling the Watch Series 9 and Ultra 2 to comply with the ITC order, reports surfaced that the company’s engineers were working intensively on software updates. The efforts are said to focus on making changes to blood oxygen applications and their algorithms to ensure the devices infringe Masimo’s patents.

That is to say, according to BloombergTaking down the app entirely is seen as the quickest (and possibly easiest) way to avoid a reinstatement ban, although removing a once-revered feature from the Apple Watch is a major concession. A federal appeals court could hear Apple’s motion to extend the stay on the injunction as early as this week (the motion was granted pending appeal).

Massimo claimed that Apple hired his former employees and used its pulse oximetry technology in Apple Watch devices. Apple countersued Masimo, claiming that the company’s own smartwatches copied Apple Watch’s patented features.

This article originally appeared on Engadget: https://www.engadget.com/apple-will-remove-blood-oxygen-app-from-watch-series-9-and-ultra-2-to-evade-us-import -ban-194517839.html?src=rss

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