Apple to sell Apple Watch with blood oxygen detection removed to bypass ITC import ban
After Apple's failed bid to keep selling Apple Watch models with blood oxygen detection during an appeal process, the company will simply sell the affected models with the feature removed.
Apple Watch Series 9
Masimo and Apple are locked in a legal battle over an alleged patent violation for blood oxygen detection. The International Trade Commission (ITC) recommended an import ban on affected devices, which Apple has failed repeatedly to have stayed during appeals processes.
As a result, the Apple Watch Series 9 and Apple Watch Ultra 2 are meant to be removed from sale on January 18 if unchanged. However, Apple has models ready to sell without blood oxygen detection, which passed Customs and is allowed to be sold despite the import ban.
Apple shared a statement with media outlets seen by AppleInsider explaining the situation.
"Apple's appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC's decision. We strongly disagree with the USITC decision and resulting orders.
Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. These steps include introducing a version of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature. There is no impact to Apple Watch units previously purchased that include the Blood Oxygen feature.
Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6am PT on January 18, and from Apple Stores starting January 18."
Anyone who purchased an Apple Watch before January 18 will have functioning blood oxygen detection. Those seeking an Apple Watch with the feature enabled will need to purchase one from non-Apple retailers, which should still have stock of the original models and are not required to cease sales.
The appeal process could take over a year, in which case Apple Watch Series 10 and other models could launch with alterations that avoid Masimo's patents altogether. Whatever happens with the case, Apple is unwilling to settle.
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This would strongly suggest that Apple expects to win the appeal of the ITC ruling, and at that point they’ll turn the app on for affected users.
This is an import ban from the US International Trade Commission (ITC). Their only powers are tariffs and import bans. So, products being transported into the USA. The US Federal Court of Appeals decided that the import ban can take effect by end of today, and all unchanged Apple Watches will by stopped at the border. Not by regular people bringing one or two, just large amounts.
All existing Watches in the USA are unchanged.
The Watches that have disabled the blood oxygen measurement have a different serial number, and this is how Apple can get them through US customs and sell them in the USA.
Apple and Masimo in the meanwhile are winding themselves through the US Court system on whether Apple is infringing on Masimo's patents or stole trade secrets. The 1st trial ended in a mistrial because the jury decision wasn't unanimous. It was 6-1 in Apple's favor. The appeals or retrials are in process. Apple's countersuit on Masimo's watches is in process. Apple's invalidation efforts on Masimo's asserted patents are in process with 15 of 17 patents invalidated. Appeals of course are ongoing.
After the Masimo vs Apple court case winds down, there will be clarity on what's happening with the Watches sold after today and future Watches.
Apple had to change the FaceTime architecture multiple times to avoid infringing on patents from VirnetX. It went from a simple peer-to-peer network architecture to a server-side managed architecture. VirnetX vs Apple basically went on for 10 years, with VirnetX winning multiple jury verdicts and monetary damages to only have those decisions vacated. Apple finally got the last remaining patents invalidated and the court proceedings are finally done I think.
Apple almost had to change, or did change, the Time Machine and CoverFlow UIs to avoid UI patents from MirrorWorlds. This also was a back and forth with multiple jury verdict wins for MirrorWorlds that were reversed. But you don't see CoverFlow UIs anymore do you? That's the strange thing, the CoverFlow UI has nothing to do with MirrorWorlds's or David Gelernter's time-stream UI ideas. The Time Machine UI, sure, but CoverFlow, or even the Spotlight UI which was also part of the case? Really, nothing related. Gelernter's UI implementation sucked. I read his book. Smart guy, but not all smart people are good at design. Really, his UI idea was just a series of open windows based on date on a 2D display UI design. Ie, imagine Linux with X-Windows and a bunch of file windows overlapping each other, only with the title bars visible.
It bears repeating, patents have nothing to do with technology nor originality nor rewarding a company or person for their work. The point of the current patent process is for it to not cover your work or product, but to cover all possible products related to or adjacent to your idea. That is the essential outcome of how patents are rewarded, interpreted and litigated. Patent writers who fail to write their patents properly broad will not make it as a patent writer. Patent examiners are directed by law to give the words in a patent the broadest reasonable interpretation. They then let entities fight it out in court on the validity of patents, monetary amounts, infringement, etc.
Maybe I should go and do a search on CPU related patent wars? There are a lot of those. Time and again, to clear infringement, the CPU maker probably just writes some microcode to prevent whatever patented CPU op from happening, and away they go, making that aspect if the CPU op a little slower.
Masimo is basically patent troll adjacent. They have a product portfolio, virtually none which that competes with Apple, and they see patents as a revenue stream, a means to protect their revenue streams, and as tool to negotiate. The CEO has aspirations of being a consumer health company. Prior to the court case, basically all of Masimo's revenue, and still is, is based on selling products to hospitals or components for products going into hospitals. Not sure how much their audio products make or if they have audio products on the market. This court case against Apple is but the first action for their entry into the market. Well, perhaps their first action was the court case against True Wearables. That was a nutso decision by the court right there.
Nah. It's one of many features of a smartwatch. It's not worth talking to Masimo about it. They can use a technique that doesn't infringe in the meanwhile, or, have Masimo's patents invalidated.