Apple is reportedly working urgently to release software updates for the Apple Watch, specifically targeting algorithms that monitor blood oxygen levels. This initiative aims to avert a potential ban on the smartwatch in the United States due to an ongoing patent dispute.
Addressing the Issue
Apple's strategy involves altering the method by which the Watch gauges oxygen saturation, to ensure the device remains available for purchase from other retailers, even if Apple faces restrictions on selling it directly.
The company is keen on implementing these changes swiftly to maintain its presence in the market during the crucial holiday shopping season. Amidst a patent dispute with Masimo, The Verge reported that Apple faces potential repercussions for its blood oxygen sensor, a feature introduced with the Apple Watch 6 in 2020.
Following a lawsuit filed by Masimo in 2021, alleging patent infringement, the International Trade Commission (ITC) ruled in favor of Masimo in October, concluding that Apple had violated its patents related to light-based blood-oxygen monitoring.
Currently under a 60-day Presidential Review by the White House, the decision could result in a ban on the sale of Apple Watch 9 and Apple Watch Ultra 2, both equipped with blood oxygen sensing capabilities.
To preemptively comply with the potential ban, Apple plans to halt sales of these models on its website starting December 21, with retail stores following suit on December 24, unless President Biden intervenes.
While a potential resolution to the patent dispute between Apple and Masimo could involve a settlement, Apple's recent urgency in implementing software changes to the Apple Watch suggests a different approach.
Modifying Software
Rather than opting for a settlement, Apple is actively working on software modifications to address the issue. The company intends to submit these alterations to the International Trade Commission (ITC) for approval.
Masimo's CEO Joe Kiani expressed openness to a settlement but noted that Apple has not initiated discussions. Kiani emphasized that a mere software update might not be a sufficient solution, as the patents in question pertain to hardware integrated with software, rather than the software alone.
Revamping the hardware of the Apple Watch poses a significant challenge for Apple compared to making software adjustments, as reported by Bloomberg.
Even if the International Trade Commission (ITC) greenlights potential hardware modifications, the process of manufacturing and delivering updated versions of the affected Watch models could extend over three months.
Engadget reported that the relationship between Apple and Masimo has been intricate, marked by discussions of a potential acquisition in 2013 that never materialized.
Instead, Kiani claimed that Apple hired over 20 Masimo engineers, increased their salaries, and tasked them with developing medical technology similar to what they were working on at Masimo. Kiani characterized this as a deliberate infringement on their intellectual property.
While the immediate outcome remains uncertain for Apple, the ban on Apple Watch sales directly applies to the company's channels-its website and retail stores in the US. However, consumers can still purchase the Apple Watch through alternative retailers such as Best Buy, Walmart, and Target.
