Apple has initiated a redesign of specific smartwatch models to eliminate blood-oxygen technology, strategically sidestepping an import ban, as disclosed in court documents.
The move, approved by the US Customs and Border Protection, allows Apple to maintain its market presence for the affected watches, as per to Daily Mail.
Masimo, the company accusing Apple of technology theft related to patents, filed a notice on Monday confirming the approval of Apple's redesigned watches by the US Customs and Border Protection's Exclusion Order Enforcement Branch. According to the court document, the agency determined that Apple's alterations fell beyond the scope of remedial orders in the International Trade Commission (ITC) investigation tied to Apple's appeal.
The dispute is caused by a ruling made by the ITC in October, stating that Apple's devices infringed upon Masimo's patents related to blood-oxygen measurement technology. As a result, Apple decided to temporarily suspend the sales of the smartwatches in question right before Christmas. However, they later allowed the products to be sold again in late January after a temporary pause.
To address the patent dispute, Apple developed a software workaround aimed at circumventing the issue, presenting it to the US Customs and Border Protection. Apple asserted that the redesigned watches unequivocally lack the contentious pulse oximetry technology.
The ongoing legal battle may prompt Apple to seek a longer stay from a federal appeals court, with expectations for a ruling on the motion as early as Tuesday. The potential duration of the entire appeal period is estimated to be a year or more.
During this period of legal uncertainty, the blood-oxygen feature remains available on newly sold Apple Watch units. While the US Customs and Border Protection has not publicly disclosed its decision, it has been shared with the involved parties, according to Time.
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Masimo Applauds Apple's Watch Update
Masimo welcomed Apple's acknowledgment that the redesigned watch excludes pulse oximetry, emphasizing the importance of respecting intellectual property rights and complying with ITC orders.
The removal of blood-oxygen technology from Apple Watches signifies a significant step, with engineers working on a software update to modify the app and algorithms without sacrificing the feature. However, eliminating the capability may be the swiftest route to avoid a potential reimposition of the ban, which could have occurred in the coming month.
Although addressing the immediate risk of a ban is seen as a positive development, the move could impact customer demand, according to analysts. Apple has already begun shipping 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 Apple's corporate offices.
Simultaneously, a federal appeals court is anticipated to consider Apple's motion for a continued stay on the ban, which was temporarily overturned while awaiting a hearing. The ITC has urged the appeals court to reject arguments opposing the enforcement of the ban, deeming them "weak and unconvincing."
In the event that Apple's appeal is unsuccessful, it has been reported that the company will remove blood-oxygen functionality from its Apple Watch Series 9 and Ultra 2.
Masimo's claim of patent infringement revolves around the alleged use of its blood oxygen monitoring technology in certain Apple Watch models. Apple has assured the US Customs and Border Protection that the redesigned watches unequivocally lack pulse oximetry functionality, further emphasizing the ongoing accountability in intellectual property disputes.
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