Apple to Sell Series 9 and Ultra 2 Watches Without Blood Oxygen Feature in U.S. Starting Tomorrow

[MacRumors]

Apple Watch Series 9 and Apple Watch Ultra 2 models will be sold without the Blood Oxygen feature in the U.S. starting on January 18, according to 9to5Mac's Chance Miller, allowing Apple to avoid a sales ban on these models. On its online store in the U.S., this change will occur starting at 6 a.m. Pacific Time tomorrow.

The report says these Apple Watch models will still include the Blood Oxygen app, but when a user opens it, they will be presented with an alert saying that the app is no longer available, and directed to the Health app on the iPhone. Apple plans to share more details in a support document that will be published on its website.

Apple confirmed that the Blood Oxygen app will remain functional on previously-sold Series 9 and Ultra 2 models. The feature will also remain available on Apple Watch models sold outside the U.S., as the sales ban does not apply internationally.

The U.S. International Trade Commission (ITC) last year ordered an import and sales ban on Apple Watch models with blood oxygen sensing after ruling that Apple violated Masimo's pulse oximetry patents with the feature, first introduced on the Series 6 model in 2020. Masimo has accused Apple of stealing trade secrets and poaching employees.

The sales ban first began last month, but it was quickly paused, as Apple received an interim stay. Apple was denied a longer-term stay, however, and the ban is set to be reinstated tomorrow starting at 2 p.m. Pacific Time. In a statement, Apple said it disabled the blood oxygen sensing feature on new U.S. models to comply with the ruling and ensure that customers have access to the Apple Watch with limited disruption.

Apple's appeal is ongoing. The company said it strongly disagrees with the ITC's decision, and it feels the U.S. Court of Appeals for the Federal Circuit should reverse it. As a longer-term solution, Apple is reportedly working on changes to the Blood Oxygen app's algorithm in an attempt to avoid Masimo's patented technology. It's unclear when those changes will be ready, or if they will be enough for Apple to avoid patent infringement.

Article Link: Apple to Sell Series 9 and Ultra 2 Watches Without Blood Oxygen Feature in U.S. Starting Tomorrow

 

[grantishere]

Come on Apple. Admit you lost this one and pay the patent. You already pay Cisco millions of dollars a year.

 

[scrapesleon]

so they gonna scrap the oxygen feature on the new model September as well ridiculous

 

[zilchfox]

.

 

[Chet-NYC]

Just posted on CNBC:
Apple will avoid ban by selling latest Apple Watches without blood oxygen feature

https://www.cnbc.com/2024/01/17/apple-avoid-ban-by-selling-latest-watches-without-blood-oxygen-feature.html

The change will only affect new watches sold in the United States. Those of us with a blood oxygen sensor in the US, will still have it working.

 

[truthsteve]

Admit you lost this one and pay the patent.

you mean have customers pay more for the patent.

 

[jz0309]

Come on Apple. Admit you lost this one and pay the patent. You already pay Cisco millions of dollars a year.

They have not lost yet and are pursuing all available legal steps

 

[jz0309]

so they gonna scrap the oxygen feature on the new model September as well ridiculous

Did you read the article? NEW meaning yet to be sold models

 

[PowerMac5500]

Deleted

 

[Timo_Existencia]

Come on Apple. Admit you lost this one and pay the patent. You already pay Cisco millions of dollars a year.

Masimo is asking for billions a year.

 

[paul4339]

It’s just an import ban into the US.
Apple already had the US patent office invalidate about a dozen Masimo patents in Sept 2023 …just hold out and disable the oximeter function on US watches until they can have their day in court and an opportunity to invalidate these patents as well… to give up now can mean that they will have to permanently pay royalties and possibly share future IP.

 

[goobot]

Hopefully they have this worked out by time the series 10 comes out

 

[transpo1]

They’re borking the watches! Impressive that they had a software update ready to go. Hopefully, they will have a new version of the blood oxygen sensor that doesn’t violate the patent ready for the Series 10

 

[Kevin2055]

Apple Watch Series 9 and Apple Watch Ultra 2 models will be sold without the Blood Oxygen feature in the U.S. starting on January 18, according to 9to5Mac's Chance Miller, allowing Apple to avoid a sales ban on these models. On its online store in the U.S., this change will occur starting at 6 a.m. Pacific Time tomorrow.

The report says these Apple Watch models will still include the Blood Oxygen app, but when a user opens it, they will be presented with an alert saying that the app is no longer available, and directed to the Health app on the iPhone. Apple plans to share more details in a support document that will be published on its website.

Apple confirmed that the Blood Oxygen app will remain functional on previously-sold Series 9 and Ultra 2 models. The feature will also remain available on Apple Watch models sold outside the U.S., as the sales ban does not apply internationally.

The U.S. International Trade Commission (ITC) last year ordered an import and sales ban on Apple Watch models with blood oxygen sensing after ruling that Apple violated Masimo's pulse oximetry patents with the feature, first introduced on the Series 6 model in 2020. Masimo has accused Apple of stealing trade secrets and poaching employees.

The sales ban first began last month, but it was quickly paused, as Apple received an interim stay. Apple was denied a longer-term stay, however, and the ban is set to be reinstated tomorrow starting at 2 p.m. Pacific Time. In a statement, Apple said it disabled the blood oxygen sensing feature on new U.S. models to comply with the ruling and ensure that customers have access to the Apple Watch with limited disruption.

Apple's appeal is ongoing. The company said it strongly disagrees with the ITC's decision, and it feels the U.S. Court of Appeals for the Federal Circuit should reverse it. As a longer-term solution, Apple is reportedly working on changes to the Blood Oxygen app's algorithm in an attempt to avoid Masimo's patented technology. It's unclear when those changes will be ready, or if they will be enough for Apple to avoid patent infringement.

Article Link: Apple to Sell Series 9 and Ultra 2 Watches Without Blood Oxygen Feature in U.S. Starting Tomorrow

Steve Jobs: we didn’t steal it right.

 

[segfaultdotorg]

Sad! Are they giving them away for free now that they're useless?

 

[Kar98]

Sad! Are they giving them away for free now that they're useless?

Hardly useless.

 

[swingerofbirch]

Aren't they embarrassed?

 

[xraydoc]

Will not be updating the firmware/software on my watch until it’s 100% confirmed that already-sold watches will retain the O2 sensor functionality (and that it will survive a wipe and re-pair).

 

[JPack]

The report says these Apple Watch models will still include the Blood Oxygen app, but when a user opens it, they will be presented with an alert saying that the app is no longer available, and directed to the Health app on the iPhone. Apple plans to share more details in a support document that will be published on its website.

LOL, nice. If anybody else did this, they would be called out.

 

[JPack]

It’s just an import ban into the US.
Apple already had the US patent office invalidate about a dozen Masimo patents in Sept 2023 …just hold out and disable the oximeter function on US watches until they can have their day in court and an opportunity to invalidate these patents as well… to give up now can mean that they will have to permanently pay royalties and possibly share future IP.

The two patents - 10,912,502 and 10,945,648 - have already been found to be in violation by the ITC. That's why we're at this point in time with a ban in place.

You make it sound like there's some future court date and another magical opportunity to have a different ruling.

 

[ronntaylor]

Will not be updating the firmware/software on my watch until it’s 100% confirmed that already-sold watches will retain the O2 sensor functionality (and that it will survive a wipe and re-pair).

RTA:

"Apple confirmed that the Blood Oxygen app will remain functional on previously-sold Series 9 and Ultra 2 models. The feature will also remain available on Apple Watch models sold outside the U.S., as the sales ban does not apply internationally."

 

[FattiesGoneWild]

This will open a consumer class action lawsuit. I want the money back I paid for the feature to work. Rather it’s $5, $10 etc. Principal! One way or another, Apple is going to pay out to Masimo or consumers.

 

[ronntaylor]

You make it sound like there's some future court date and another magical opportunity to have a different ruling.

Apple is fighting to have the patents invalidated. As they did with 15 other Masimo patents. Were it not for a single dissenter in the case that went to a jury (6-1 poll in favor of Apple), Masimo's case against Apple would be over. And Apple is chomping at the bit to get its day in a Delaware court for patent infringement they claim against Masimo's watch.

 

[jz0309]

This will open a consumer class action lawsuit. I want the money back I paid for the feature to work. Rather it’s $5, $10 etc. Principal! One way or another, Apple is going to pay out to Masimo or consumers.

So if you want money back I assume you already own a S9 or Ultra 2, in which case nothing will change for you - so what exactly are you going to sue Apple for?

 

[jz0309]

The two patents - 10,912,502 and 10,945,648 - have already been found to be in violation by the ITC. That's why we're at this point in time with a ban in place.

You make it sound like there's some future court date and another magical opportunity to have a different ruling.

Does the ITC have the authority to validate those 2 patents? No. They found that AW infringed on those 2 patents but they could still be invalidated in the future.

You make it sound things the end of this dispute - it’s not