From ExtremeTech: Apple, Masimo, and several regulatory bodies have reached a temporary resolution regarding a potential infringement on Masimo’s pulse oximetry patent. To keep the Apple Watch Series 9 and Ultra 2 on shelves, Apple will disable the blood oxygen-sensing hardware in both devices. In the future, Apple could be forced to remove the hardware entirely—or it could be allowed to enable the sensor again, depending on how its ongoing International Trade Commission (ITC) appeal goes.
Masimo, a southern California-based medical technology firm, first took aim at Apple in October 2023. The company told the ITC that the Apple Watch Series 9 and Ultra 2 contained pulse oximetry technology patented by Masimo, thus constituting an infringement on the firm’s intellectual property. The ITC responded by sending a ban on Series 9 and Ultra 2 sales to President Biden’s desk. Though Apple refuted Masimo’s claim, it prepared to comply with the ban in December by pulling both devices off US shelves.
The Series 9 and Ultra 2 make up many of Apple’s Watch sales, though, and Apple wasn’t willing to go down without a fight. The company appealed the ITC’s ban—something the ITC has voiced its opposition to—and started brainstorming workarounds to enable it to keep selling both devices. It ultimately settled on disabling the hardware that allows the Series 9 and Ultra 2 to measure users’ blood oxygen levels. The hardware would remain inside the device, but users couldn’t leverage it.
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