Apple Navigates Apple Watch Series 9 Ban with a Strategic Blood Oxygen Feature Disablement

In October, the U.S. International Trade Commission (ITC), overseeing intellectual property and trade disputes, acceded to a health tech manufacturer's plea for a comprehensive prohibition on the import and sale of Apple Watch models dating back to the Series 6. The petitioner, Masimo, alleged patent infringement related to its light-based blood oxygen level measurement technology.

Despite Apple's efforts to address the dispute through software modifications and an appeal for a presidential veto, the affected Apple Watch models were removed from the company's online store on December 21 and from its retail locations after December 24. 

Following the imposition of the ban, Apple has been actively seeking a solution to bypass it, suggesting the removal of the specific feature on the two mentioned Apple watches. The responsibility to assess whether this solution is sufficient to prevent the ban has been entrusted to the US Customs Agency. In a recent update, 9to5Mac shared an official letter from Masimo's attorney, confirming that the proposed solution has been accepted, and consequently, the mentioned feature will be discontinued.

Mark Gurman from Bloomberg reports that Apple has commenced the shipment of Apple Watch Series 9 and Ultra 2 variants to its retail stores, notably excluding the blood oxygen feature. However, employees have been instructed not to initiate sales at this point.

Disabling this feature serves to safeguard Apple's ongoing revenue from wearable sales, although it signifies only a temporary resolution in the ongoing dispute. Despite the removal, blood oxygen measurement continues to be advertised on Apple's website. It is improbable that Apple will completely abandon the feature, and the company is likely exploring alternative resolutions to address the conflict with Masimo.