In a tactical response to a patent dispute, Apple successfully resumed sales of the Apple Watch Series 9 and Ultra 2 in the US by deactivating the blood oxygen feature, months after having an update prepared for this purpose.
Context of the Dispute:
- In January 2023, a US court ruled that Apple violated Maximo’s pulse oximetry technology patent.
- The ITC affirmed the court’s decision in October, leading to a ban on Apple Watch Series 9 and Ultra 2 sales in the US.
Apple’s Strategic Move:
- Apple appealed the decision but faced rejection, prompting the removal of the pulse oximeter technology in the US.
- Apple remotely updated a system file managing health feature availability by region, specifically disabling the blood oxygen feature for models identified as “LW/A.”
- New versions of Series 9 and Ultra 2, without the blood oxygen feature, are now available for purchase in the US.
File Update Timeline:
- The file blocking the pulse oximeter feature for “LW/A” Apple Watch models was uploaded to Apple’s servers in October 2023, coinciding with the ITC’s ruling on patent infringement.
Future Implications:
- The dispute between Apple and Masimo is ongoing, with the appeals process potentially lasting over a year.
- Apple’s strategic move affects new US purchases, not existing devices, providing continuity for current users.
Apple’s Statement:
- Apple’s US website now clarifies that “Apple Watch Series 9 and Ultra 2 no longer include the Blood Oxygen feature.”
- Despite the current status, the update suggests that Apple has prepared for potential contingencies in advance.