Highlights
- Apple Watch Series 9 and Ultra 2 sold without pulse oximeter due to patent dispute.
- Devices reconfigured to comply with ITC ruling against Apple.
- CBP’s order allows future reactivation of the pulse oximeter feature.
- Potential for pulse oximeter return dependent on patent expiration or successful appeal.
There was drama earlier this year between Apple and health tech firm Masimo.
The Apple Watch Series 9 and Apple Watch Ultra 2 faced a potential import ban into the U.S. over a pulse oximeter patent dispute.
Despite an International Trade Commission (ITC) ruling against Apple for patent infringement, the smartwatches continue to be sold without the pulse oximeter feature.
This development follows a series of legal and regulatory hurdles, culminating in Apple’s decision to disable the feature to comply with the ITC’s orders.
Possibilities for Affected Consumers
Interestingly, reports suggest a pathway for the reactivation of the pulse oximeter—a tool for measuring blood oxygen levels, feature in the future.
The Customs and Border Patrol’s (CBP) original order permits Apple to import the watches with the feature disabled, not removed.
This means that, pending patent expiration in August 2028 or a successful appeal by Apple, users could potentially regain access to the pulse oximeter.
Apple’s compliance with CBP’s requirements involved providing the code used to disable the feature, ensuring it wasn’t trivially reactivated, yet leaving a door open for its return under specific conditions.
Legal Battles and Regulatory Decisions
Even so, after the ITC’s decision that Apple had infringed on Masimo’s patents, Apple temporarily removed the Series 9 and Ultra 2 models from its U.S. stores.
Despite efforts to appeal the ruling and a brief temporary stay, the tech giant has had to reconfigure its latest smartwatches to exclude the pulse oximete.
The absence of a veto from President Biden has left Apple with limited options, leading to the current sale of these devices without the disputed feature.
FAQs
Why don’t the Apple Watch Series 9 and Ultra 2 currently have the pulse oximeter feature?
Due to a patent dispute with Masimo, Apple was required to disable the pulse oximeter feature in these models to comply with an ITC ruling.
Can the pulse oximeter feature be reactivated on the Apple Watch Series 9 and Ultra 2?
Yes, the feature has the potential to be reactivated in the future, depending on the outcome of patent expiration or Apple’s ongoing legal appeal.
What was the reason behind the temporary removal of these Apple Watch models from U.S. stores?
Apple temporarily removed the Series 9 and Ultra 2 models from its U.S. stores following an ITC ruling that found Apple infringed on Masimo’s patents.
How did Apple comply with the CBP’s requirements regarding the pulse oximeter?
Apple provided the code used to disable the pulse oximeter feature, ensuring compliance with the CBP’s requirements while leaving the possibility of reactivation open under certain conditions.
What could lead to the reinstatement of the pulse oximeter feature in the affected Apple Watch models?
The reinstatement could occur if Apple’s patents infringed on expire in August 2028 or if Apple wins the appeal it has in progress, allowing users to access the feature again.
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