Apple To Remove Pulse Oximeter From Watches To Prevent Ban

Apple is removing the blood oxygen measurement function, which was integrated into two of its watch models (Apple Watch Series 9 and Apple Watch Ultra 2), to avoid a ban on sales of the devices in the U.S. due to a patent violation issue, according to The Wall Street Journal.

In October, the U.S. International Trade Commission (ITC) ruled that Apple had committed a patent breach by incorporating into its watches a pulse oximeter that infringes on medical device maker Masimo’s patent. On Dec. 26., the ban was actioned, but Apple appealed it, leading to a pause on the ban while changes were made to allow them to continue to sell watches in the U.S.

The tech giant wants to prevent further bans like this, so Apple has decided to eliminate the function altogether.

A Masimo spokesperson said that Apple’s decision to remove the function from its watches is “a positive step toward accountability,” as reported by CBS News. “It is especially important that one of the world’s largest and most powerful companies respects the intellectual property rights of smaller companies and complies with ITC orders when it is caught infringing,” they stated.

According to a Masimo filing on Monday, the U.S. Customs and Border Protection agency, which is in charge of imposing import bans, approved the technical changes to the product on Friday, which includes the removal of the pulse oximeter. A decision on Apple’s request for a permanent stay on the U.S. ban during its appeal is expected in the next few days.

An Apple spokeswoman said that the pulse oximeter function will be available on its watches for the time being. 

If the U.S. Court of Appeals doesn’t grant a permanent stay while Apple tries to get the U.S. trade ban stopped, the removal of the pulse oximeter would be actioned. However, if the stay is given, removal of this function won’t be required as the appeals process takes place.

An Apple spokeswoman said that the appeals process can take around a year or more.

Even though the removal of the feature might prevent a disruption in future sales, it is one of the first times a health-related feature has been eliminated from Apple devices due to patent issues. The filing doesn’t give details of how Apple is specifically removing the function, but analysts think a software change might be the way.

These legal disputes between Apple and Masimo shed light on the risks of Apple entering the health space, with many players in the field having the ability and willingness to fight out patent issues with the tech giant.