The U.S. Customs agency has agreed to Apple’s proposed alterations to the Apple Watch Series 9 and Apple Watch Ultra 2, which include disabling the blood oxygen functionality (via 9to5Mac).
Legal representatives for Masimo disclosed on Monday that the U.S. Customs and Border Protection ruled in favor of Apple, stating that the company’s redesign falls outside the scope of the International Trade Commission (ITC) ruling.
Apple’s response to this decision involves the removal of pulse oximetry features from newly sold Apple Watch Series 9 and Apple Watch Ultra 2 devices.
While awaiting further clarification from Apple, it is now apparent that Apple can continue selling its latest Apple Watch models in the United States. However, these devices will no longer include pulse oximetry features.
The U.S. Customs determination implies that the Apple Watch Series 9 and Ultra 2 are deemed non-infringing on Masimo patents, provided they exclude pulse oximetry features. This modification is exclusive to new sales within the U.S. and does not affect existing owners of Apple Watches with pulse oximetry capabilities.
Details in Masimo’s legal filing are limited, citing Apple’s claims of confidentiality regarding the redesigned products.
The Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection made the decision on January 12, based on Apple’s assertion that the redesigned watches unequivocally lack pulse oximetry functionality.
Simultaneously, a decision from the U.S. appeals court regarding Apple’s request to suspend the Apple Watch ban for the entire appeals process is pending.
The deadline for parties to express their support or opposition to the ruling is today, with the appeals court expected to make a decision on the stay request soon.
