Apple Rushes Software Update for Watch Series 9, Ultra 2 Before US Sales Ban

Apple engineers are "racing" to update the algorithms used for the blood oxygen sensor in the Apple Watch in order to avoid having to cease device sales, reports claimed. Apple said earlier today that it will discontinue sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States on December 21 due to an impending import ban resulting from a patent dispute with medical device startup Masimo.

Apple Works on a Software Fix to Avoid Ban on Apple Watch Imports into the U.S.

According to Bloomberg, engineers are changing how oxygen saturation is computed and how the data is delivered to clients, improvements that will presumably remove the technology that is purportedly infringing on Masimo patents. The work is consistent with Apple's assertion that it is "pursuing a range of legal and technical options" to ensure that Apple Watch sales restart as soon as feasible.

Masimo's patents pertain to the technology that runs the Apple Watch's blood oxygen sensor, and Masimo believes that a software change will not suffice to address the patent issues. "The hardware needs to change," Masimo explained to Bloomberg, as per MacRumors.

An Apple spokesperson told Bloomberg that the company is working on submitting a workaround, implying that Apple believes a software-based solution will suffice. Because Apple will need to test the modifications, it is unlikely that a software update will be issued before sales cease. Hardware changes would take at least many months.

The International Trade Commission (ITC) of the United States placed a ban on select Apple Watch imports into the country in October after concluding that Apple violated Masimo patents relating to non-invasive blood oxygen measurement. U.S. President Joe Biden might examine the court's order and veto the ban before Apple has to cease selling the Apple Watch, but presidential vetoes of ITC bans are uncommon.

While the White House has until December 25 to make a decision, Apple has decided to prepare for the ITC's finding in advance. Apple will stop selling the Apple Watch Series 9 and Apple Watch Ultra 2 in U.S. retail shops after 12:00 p.m. on December 21. After December 24, online sales will be discontinued. The Apple Watch will continue to be available in other countries, and the Apple Watch SE will not be affected because it lacks a blood oxygen sensor.

Apple Prepares for Legal Battle Over ITC Ruling Affecting Apple Watch Sales in the U.S.

Apple intends to file an appeal with the United States Trade Commission. If a veto is not obtained, the case will be heard by the Court of Appeals for the Federal Circuit on December 26, per CBS News. Apple's earlier today statement:

“A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24. The decision does not impact sales of the devices in other countries at this time. Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers. Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”

With the exception of refurbished versions, the Apple Watch Series 9 and Apple Watch Ultra 2 are the only Apple Watch models that now sell blood oxygen-detecting technology, while prior Apple Watches also feature the same technology. Customers will still be able to fix and replace their gadgets if the ban is implemented. Third-party retailers will be able to continue sales until supplies run out, so customers searching for an Apple Watch Series 9 or Ultra 2 before the holidays can do so at Best Buy and Target.

If Apple is unable to remove the infringing technology or challenge the ITC's decision, a settlement with Masimo is a possibility; however, there has been no indication that Apple and Masimo are in settlement talks.

Photo: Alek Olson/Unsplash