Apple readies Apple Watch Series 9 ban workaround by disabling blood oxygen functionality [U]

The U.S. Customs agency has handed down its decision on whether Apple’s proposed redesign of the Apple Watch Series 9 and Apple Watch Ultra 2 is enough to circumvent infringing on two Masimo patents related to the blood oxygen sensor.

In a filing on Monday with the Federal Circuit, attorneys for Masimo say that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of” the ITC ruling. Apple’s redesign, however, is to remove the pulse oximetry features from newly sold devices.

Update: Apple says Series 9 and Ultra 2 will remain available with the blood oxygen readings for the time being while the US appeals court considers a stay during the ITC appeal period.

We’re waiting on more details from Apple on this situation. In the interim, what this means is that Apple can keep selling the Apple Watch Series 9 and Apple Watch Ultra 2, but those devices will no longer “contain pulse oximetry features.” This applies only in the United States.

Essentially, and unsurprisingly, this means that U.S. Customs has found the Apple Watch Series 9 and Ultra 2 do not infringe on Masimo patents so long as they don’t “contain pulse oximetry features.” This won’t impact existing owners of an Apple Watch with pulse oximetry features.

The filing from Masimo’s lawyers is light on details, citing Apple’s claims of confidentiality.

On Friday, January 12, the Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of the remedial orders in the ITC Investigation underlying Apple’s appeal.

In Apple’s request under 19 C.F.R. Part 177 (in a portion it did not identify as confidential), Apple explained “that its Redesigned Watch Products definitively (i) do not contain pulse oximetry functionality…” Because Apple has maintained that certain information in the EOE proceeding is confidential, Masimo does not provide a copy of the decision with this letter. Currently, no public version of the decision exists.

We’re also still waiting on a decision from the US appeals court on Apple’s request to pause the Apple Watch ban throughout the entire duration of the appeals process. That decision could come as soon as today.

Today is the deadline for parties to file their support of or opposition to the ruling with the court. The US appeals court will then make a decision on whether or not to stay the Apple Watch ban through the duration of Apple’s entire appeal of the initial ITC ruling. The ITC has already voiced its opposition to Apple’s request.

We’ve reached out to Apple for comment and will update when we hear back. The full filing is below.

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