After redesigning, the corporation can get around the ban, according to federal regulators.
It would appear that Apple will be able to circumvent an import prohibition on Apple Watch Series 9 and Ultra 2 devices and resume selling those goods in the United States after removing a significant functionality from the aforementioned gadgets. An appeals court judge received a letter from Masimo, a firm that has been involved in a patent battle with Apple. The letter stated that Apple has the ability to circumvent the restriction by uninstalling the Blood Oxygen app from Apple Watch units that it sells in the United States coming ahead.
In accordance with the letter, the United States Customs and Border Protection (CBP) has concluded that “Apple’s redesign falls outside the scope” of the import ban imposed by the International Trade Commission (ITC) on the two technological products. According to Masimo’s letter, Apple has informed the Customs and Border Protection that its “Redesigned Watch Products definitively do not contain pulse oximetry functionality.” Other information concerning the judgment made by the CBP is considered private, and as things now stand, “no public version of the decision exists.”
However, Reuters reports that the decision made by the CBP could be reversed if the ITC is of the opposite opinion. It has been reported that Apple has already dispatched updated Watch Series 9 and Ultra 2 units to its locations in the United States. However, it has also been stated that stores have been instructed not to open or sell the new versions until they receive authorized permission from higher-ups.
This verdict was confirmed by the International Trade Commission (ITC) in October, which stated that Apple had violated Masimo patents regarding blood oxygen functions on the Apple Watch. As a result of the verdict, Apple said on Christmas Eve that it will be suspending sales of the Watch Series 9 and Ultra 2 in the United States through its own website and Apple Stores. Apple was authorized to resume selling wearables in the United States after the International Trade Commission (ITC) issued an extraordinary interim stay of the verdict in late December.
The concession made by Apple will not have an impact on anyone who currently possess an Apple Watch that is equipped with pulse oximetry capabilities, as stated by 9to5 Mac. Beginning with the release of the Apple Watch Series 6 in the year 2020, Apple has made the Blood Oxygen app available on its wearable devices. After Apple has finally found a solution to the patent issue, it is probable that the company would release an updated version of the Blood Oxygen app to all of the impacted devices.
Almost immediately after Apple announced that it will cease sales of the Watch Series 9 and Ultra 2 in order to comply with the injunction issued by the ITC, it was claimed that the company’s developers were working tirelessly on a potential software update. Reportedly, the focus of these efforts was on making modifications to the Blood Oxygen app and its algorithms in order to guarantee that the devices in question violated Masimo’s patents.
But according to Bloomberg, removing the app entirely was seen to be the quickest (and most likely easiest) option to avoid having the ban enforced. This is despite the fact that removing what was formerly a feature of the Apple Watch that was highly acclaimed is a substantial surrender. It is possible that a federal appeals court will hear Apple’s plea to prolong the stay on the ban, which was granted pending an appeal, as early as this week.
“Apple’s claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability,” a spokesman for Masimo said in a statement to Newtechmania. “Masimo is committed to being accountable for its actions.” When one of the largest and most powerful companies in the world is caught infringing on the intellectual property rights of smaller enterprises, it is of the utmost importance that the company respects those rights and complies with the orders issued by the International Trade Commission.
It has been asserted by Masimo that Apple has employed its former workers and has incorporated its pulse oximetry technology into Apple Watch technology. In response, Apple filed a countersuit against Masimo, claiming that the latter’s wristwatch replicated elements that were trademarked for the Apple Watch.