Facing a potential ban on Apple Watch sales in the U.S. due to an ongoing patent dispute with Masimo over blood oxygen sensing technology, Apple is reportedly scrambling to implement urgent software updates to alter the device's algorithms.
The dispute originated in 2021 when Masimo claimed that Apple's blood oxygen sensor violated its patents. In October, the International Trade Commission (ITC) upheld the ruling, triggering a 60-day Presidential Review period, set to conclude soon. If President Biden doesn't veto the decision, Apple will halt sales of the Apple Watch 9 and Apple Watch Ultra 2, both featuring the contested technology.
To circumvent the ban during the critical holiday season, Apple is working on modifying how the Watch measures oxygen saturation. While settling with Masimo is an option, Apple's last-minute software adjustments suggest a preference for this approach.
Although Masimo's CEO, Joe Kiani, is open to a settlement, he underscores that the patents at the core of the dispute pertain to hardware, not software.
The prospect of revamping the Apple Watch's hardware poses a formidable challenge, necessitating a considerable amount of time for manufacturing and distributing modified versions of the affected models.
Apple and Masimo have a history of strained relations, with allegations of employee poaching and intentional infringement of intellectual property.
Despite potential hurdles, the ban would exclusively impact Apple's direct sales channels, including its website and retail stores. However, the devices could still be accessible through other retailers like Best Buy, Walmart, and Target. Apple, disputing the ITC's ruling, plans to appeal the decision to the Federal Circuit, steadfast in its belief that the claimed patent infringement is erroneous.
