Apple is working on a software update, other workarounds to avoid Watch Series 9, Watch Ultra 2 ban

New Delhi,UPDATED: Dec 19, 2023 12:25 IST

Apple is in a race against time to prevent a ban on its popular smartwatches, the Apple Watch Series 9 and Watch Ultra 2, in the United States. The International Trade Commission (ITC) is set to enforce the ban on Christmas Day, citing alleged patent infringement by Masimo Corp related to the blood oxygen level measurement feature.

A report from Bloomberg revealed that Apple engineers are working on software updates to modify algorithms tied to the blood oxygen feature. If unsuccessful, Apple, facing a potential blow to its $17 billion business in the US, could only avoid the ban with a last-minute intervention from the White House.

To prepare for the ban, Apple is reportedly adjusting in-store promotions, excluding images of the affected models, and discontinuing online sales by Thursday. The lower-end SE watch will still be available for purchase.

Masimo, the company behind the patent claims, emphasizes the importance of companies adhering to the law. The dispute revolves around hardware patents, particularly the method of light emission into the skin for blood oxygen measurement.

Apple, optimistic about resolving the issue through software changes, plans to submit a workaround to the US customs agency for approval. However, Masimo argues that a software fix is insufficient and insists on necessary hardware modifications.

Evan Zimmerman, CEO of Edge, a patent drafting software company, highlights the rarity of import restrictions and their role in negotiation leverage. Resolving the dispute with software tweaks may prove challenging due to the broad scope of Masimo's patents.

In case of hardware modifications, the process could extend to at least three months, including production and shipment. Apple's meticulous internal testing, especially for medical features, adds complexity to the timeline.

The blood oxygen monitoring feature, introduced in 2020 during the COVID-19 pandemic, monitors users' levels throughout the day. Apple's urgent efforts not only highlight the financial impact but also underscore the importance of maintaining the company's reputation for innovation and compliance.

The cited source reported that investors have responded cautiously, with Apple's stock experiencing a slight dip, while Masimo shares gained 3.2 percent. As the deadline approaches, Apple's ability to navigate this legal and engineering challenge remains uncertain, with potential implications for its flagship smartwatch business.