It has been claimed that Apple has prepared updated editions of its most recent Apple Watch models in an attempt to resolve the legal issue with the medical technology business Masimo. This modification entails taking the pulse oximetry feature out of newly released and unsold versions, according to a document that Masimo filed with the U.S. Court of Appeals for the Federal Circuit (via MacRumors).
According to the filing, this change is meant to get around the sales and import prohibition that the U.S. International Trade Commission (ITC) put in place last year. The Apple Watch ban was temporarily paused earlier due to claims of patent infringement pertaining to pulse oximetry technology. But Apple is compelled to take this action since the prohibition may have come back as early as this month.
Apple has reportedly already started sending the updated Apple Watch models to US retail locations, according to Mark Gurman of Bloomberg. It's unclear, however, just when they will be available. Questions about these developments asking for explanation have not yet received a response from Apple.
Although the Blood Oxygen monitoring app is still listed as a feature on the US versions of the Series 9 and Ultra 2, according to Apple's official website, this capability has been temporarily removed. It is anticipated that users of Apple Watch Series 9 and Ultra 2 will continue to have access to the function, and its availability in other nations is unlikely to be impacted.
This action by Apple is thought to be preventive, perhaps enabling it to avoid the ITC's ban on Apple Watches. According to Mark Gurman, Apple is developing a software update to modify the algorithms used by the Blood Oxygen monitoring app on the marketed Apple Watch Series 9 and Ultra 2 units. It is likely the goal of this endeavor to address Masimo's patented technology and maybe provide a settlement to stop the legal conflict.
Masimo expressed his satisfaction with Apple's recognition and responsiveness to the development in reference to the pulse oximetry capability. "Apple's claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability," a Masimo spokeswoman said.
It is unclear if Apple's software upgrade would effectively solve the patent issues Masimo brought up while the legal dispute rages on.