According to patent litigation expert Florian Mueller "Apple has removed all pulse oximetry functionality. On that basis, U.S. customs said the Apple Watch no longer falls within the scope of the ITC import ban," and has removed the blood oxygen feature rather than creating a workaround.
Through his ipfray publication, Mueller stated that "A filing by Masimo with the Federal Circuit states that U.S. customs cleared Apple’s modified product on Friday (January 12, 2024). According to the filing, the accused feature (pulse oximetry) was removed." As it stands, Apple is currently now cleared to sell and import the Apple Watch Series 9 and Ultra 2, however, Mueller states Masimo will now ask for the stay on the ban to be lifted because Apple can't claim irreparable harm.
The end of blood oxygen on Apple Watch?
It is unclear at this stage what will happen next, and we've reached out to Apple for comment. If the company is indeed planning to remove the feature, as Mueller reports, it would likely have to issue a software update to existing users disabling blood oxygen, as well as making amendments to new products before they're sold.
Apple stopped selling both devices in the run-up to Christmas last year in anticipation of an International Trade Commission ban on both products after the company was found to have infringed on patents owned by Masimo relating to the technology.
The import and sale ban was confined to the U.S., so it's unclear whether Apple would only make this change in the U.S. or worldwide. As Mueller notes, as it stands Apple remains free to sell the watch even in its offending state until the ban is reinstated. It would only be required to move to the modified version without blood oxygen monitoring if the ITC reinstates the ban.
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Stephen Warwick has written about Apple for five years at iMore and previously elsewhere. He covers all of iMore's latest breaking news regarding all of Apple's products and services, both hardware and software. Stephen has interviewed industry experts in a range of fields including finance, litigation, security, and more. He also specializes in curating and reviewing audio hardware and has experience beyond journalism in sound engineering, production, and design.
Before becoming a writer Stephen studied Ancient History at University and also worked at Apple for more than two years. Stephen is also a host on the iMore show, a weekly podcast recorded live that discusses the latest in breaking Apple news, as well as featuring fun trivia about all things Apple. Follow him on Twitter @stephenwarwick9
Looks like the patent office invalidated two of masimos patent.