Apple’s solution to evading a sales and import ban on the Apple Watch Series 9 and Apple Watch Ultra 2 is apparently a simple one: It is reportedly prepared to delete the application at the heart of the patent dispute that caused the ban.
But this will only be necessary if Apple loses its next legal appeal, which will be made soon.
Solution for Apple Watch sales ban: Deleting blood oximeter app
Apple is locked in a court battle with Irvine, Calif.-based Masimo Corp. and its sibling company, Cercacor Laboratories. The alleged patent infringement involves light-based pulse oximeters that measure blood oxygen.
In December, the latest Apple Watch models were pulled from store shelves because they infringe on patents owned by the medical-device companies. And while the wearables are back on sale, that’s temporary to give Apple time to appeal.
On Monday came word that Apple came up with a way to evade the sales ban — though it’s hardly an ideal option for the company or potential customers.
“An Apple Inc. software fix to remove the blood oxygen saturation feature from its devices following an import ban was approved by the US,” reports Bloomberg.
But it might not be necessary. In a followup, Bloomberg‘s Mark Gurman said via X, “Apple says the federal appeals court will hear its motion for a stay (it believes this would last a year) as early as tomorrow. It appears the dramatic step of removing blood-oxygen would only take place if this appeal fails. The feature remains until then.”
And the application removal apparently won’t affect current users. Gurman also said via X that, “It seems like the removal will only apply to newly sold watches (not ones already in use) – and that’s why they are now shipping modified units to retail stores.”
Just a quick fix
If the federal appeals court sides with Apple in the appeal, It just pushes the problem down the road. Apple Watch has still been judged in violation of patents belonging to Masimo and Cercacor.
And deleting the offending watchOS application is likely another a temporary solution. Apple is surely seeking other, better alternatives. The sensor for blood oxygen saturation level is a major feature of the Apple Watch — probably not something its maker will simply write off.
One potential long-term solution is for Apple to license the patents in question. Another is for the Mac-maker to find an alternative way to do the same job without infringing on the patents.
But if Apple loses the upcoming appeal and is forced to delete the blood oxygen app from new units, Apple Watch wearers should be wary of watchOS updates for a while. These will probably remove the blood oxygen app from current devices.
