Apple May Sell Series 9 and Ultra 2 Watches Without Blood Oxygen App in U.S. Amid Patent Dispute

[MacRumors]

Apple has readied modified Apple Watch models that "do not contain pulse oximetry functionality," medical technology company Masimo said in a document filed today with the U.S. Court of Appeals for the Federal Circuit.

The filing, viewed by MacRumors, suggests that Apple will be removing the Blood Oxygen app from new Apple Watch Series 9 and Apple Watch Ultra 2 models sold in the U.S., at least temporarily. This change would allow Apple to sidestep an import and sales ban on Apple Watch models with blood oxygen sensing, which the U.S. International Trade Commission ordered last year after ruling that Apple violated Masimo's pulse oximetry patents. The ban was already temporarily paused shortly after it began last month, but it could have resumed as early as this month, which likely spurred Apple to take this measure.

Apple has started shipping modified Apple Watch models to retail stores in the U.S., according to Bloomberg's Mark Gurman, but it's unclear when they will go on sale. Apple has yet to respond to our request for comment.

Apple's website still advertises the Blood Oxygen app as an available feature on the Series 9 and Ultra 2 order pages in the U.S. as of writing. The feature can measure and display your body's blood oxygen percentage, and is intended for "wellness purposes only." Existing owners of the Series 9 and Ultra 2 will likely retain access to the feature, and it is not expected to be removed on models sold in other countries.

The feature's removal is likely a stopgap, as Gurman reported that Apple is preparing a software update that would adjust the Blood Oxygen app's algorithms, in an attempt to avoid Masimo's patented technology. It's unclear if this effort will be successful, and the legal battle between Apple and Masimo is likely far from over.

"Apple's claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability," a Masimo spokesperson told MacRumors. "It is especially important that one of the world's largest and most powerful companies respects the intellectual property rights of smaller companies and complies with ITC orders when it is caught infringing."

Article Link: Apple May Sell Series 9 and Ultra 2 Watches Without Blood Oxygen App in U.S. Amid Patent Dispute

 

[hugodrax]

As I predicted. Next step will be software modification to avoid patent issues but then less accurate pulse oximeter.

 

[MASTERNC]

Would be nice if Apple offered a discount since these watches will likely be worth less come trade-in versus those with the technology

 

[contacos]

The fact that they kept selling and even introducing two more generations after the dispute was already filed in 2021 (if I am not mistaken?) is kind of dumb on Apples part tbh

 

[TokyoKiller]

Only if Apple would admit fault and pay their dues for using someone else’s technology.

At least it’s not a patent troll that’s giving them grief.

 

[JPack]

Now we know what that "software workaround" turned out to be. 😄 Everybody suspected there was no magic to design around the patents, otherwise Apple would have done that from the start.

Will Apple sell these crippled products at a reduced price? Who's still willing to pay the same without SpO2?

 

[jz0309]

So Apple taking a multi prong approach…
When is the appeals court decision due? Today or the 17th, can’t remember. So if they turn Apple down the ban will go into effect and Apple will continue to sell AWs but with SPO2 disabled via SW…
I would expect this to only effect NEW sales, not those who currently have a 9 or Ultra 2

 

[75Batt]

Would be nice if Apple offered a discount since these watches will likely be worth less come trade-in versus those with the technology

Not likely at all. It’s a temporary software fix that can be re-enabled in future.

 

[75Batt]

The fact that they kept selling and even introducing two more generations after the dispute was already filed in 2021 (if I am not mistaken?) is kind of dumb on Apples part tbh

How is it dumb? It’s had zero impact on the previous generations

 

[I7guy]

Now we know what that "software workaround" turned out to be. 😄 Everybody suspected there was no magic to design around the patents, otherwise Apple would have done that from the start.

Will Apple will sell these crippled products at a reduced price? Who's still willing to pay the same without SpO2?

We will find out. My guess is no and when this is all said and done; magically the spo2 function will be enabled.

 

[contacos]

How is it dumb? It’s had zero impact on the previous generations

Which I don’t really understand since the initial patent dispute started over the Series 6 or 7 (maybe cuz those are not being sold at this point anymore?)

 

[Rogifan]

Not likely at all. It’s a temporary software fix that can be re-enabled in future.

I thought Masimo argued Apple couldn’t fix this via software?

 

[roland.g]

The Series 9 is already an 8.2, wasn’t even worth considering over my Series 4.

 

[jz0309]

Which I don’t really understand since the initial patent dispute started over the Series 6 or 7 (maybe cuz those are not being sold at this point anymore?)

so a patent dispute should lead to a company immediately stopping to sell and further develop a product? now that would make no sense at all ...

 

[whiteashsaturday]

watchOS 10.2 = the last software update until this mess is finished. I'm going to be cautious of upgrading my iPhone either. 17.3 gets pulled multiple times... yeah right.

apple taking away features I payed for is a no go. I know they said current users would keep the feature, but they better hold true. I use the BloodO2 reader, it was the reason I purchased the watch series 7. it is the reason I upgraded to the series 9. I like to have a "basic" bloodo2 check of my sleeping habits. something basic.. if you are in the 80-85% range, something is having an impact. normally I'm at 95-100%, but during forrest fire season, and other air pollution issues, you can see the effects.

Awould have never purchased a Masimo wrist B02 sensor, why would I want that. Why would I want their level of tech, or manufacturing. Masimo could have negotiate back when Apple came to the table, instead they lost their engineers due to lack of ability to perform at an Apple level, and now they are mad. I've yet to see the patent that they say is being broken, but a patent from 1970's should be questioned in the 2024's anyway.

 

[jz0309]

I thought Masimo argued Apple couldn’t fix this via software?

this SW "fix" disables the blood oxygen feature,
There were rumors that Apple had a "fix" that had a different algorithm, that one Masimo claimed could "not be done"

 

[Pezimak]

I thought Masimo argued Apple couldn’t fix this via software?

They can’t but the story isn‘t claiming it’ll be a fix, just that they will be removing the function all together from the software. So I guess they will claim they aren’t in breach of the patent as the sensor is disabled?

 

[Fuzzball84]

Messy…. For the value of the company and one of its flagship product.

 

[5232152]

EU imported Apple Watches will be sold with a premium

 

[richard371]

This is exactly what I predicted would happen.

 

[t0rqx]

All the fanbois here disagreeing about the firmware update that gets forced to Airpods Pro Max that downgradend the ANC.

Downgrading performances on their flagship iPhones after a year.

What kind of excuse do you have now?

 

[JPack]

We will find out. My guess is no and when this is all said and done; magically the spo2 function will be enabled.

I'd be very surprised.

The patents cover specific hardware designs for the sensors. The ITC opposition document lays out what is covered.

Nothing short of a complete redesign of the Apple Watch hardware would fix anything.

 

[1129846]

I thought Masimo argued Apple couldn’t fix this via software?

Disabling the feature completely is not a software fix. It is full disabling

 

[jwm]

Are we going to see a software fix that disables the feature for everyone regardless of when purchased?

 

[I7guy]

I'd be very surprised.

The patents cover specific hardware designs for the sensors. The ITC opposition document lays out what is covered.

Nothing short of a complete redesign of the Apple Watch hardware would fix anything.

A redesign could happen as well. And Apple may swap out the old infringing watches with the new non-infringing watches.