Patent lawsuit against Apple Watch Series 9 and Apple Watch Ultra 2May face sales ban in the United StatesIn this case, Apple may be able to prevent the affected products from being unsaleable through software updates.
Bloomberg News reportedApple is currently preparing a new software update internally. It is possible that by updating the blood oxygen measurement function algorithm, it will avoid overlapping with the technology patent proposed by Masimo, a medical technology company headquartered in Irvine, California, and thus solve the problem of Apple Watch Series 9 and Apple Watch Ultra 2 being banned from sale.
The blood oxygen measurement function added by Apple to Apple Watch was first launched in 2020, and Masimo filed a lawsuit against Apple in 2021, claiming that Apple's use of light-sensing-based blood oxygen measurement method infringed two technology patents. Subsequently, the US International Trade Commission determined that Apple did infringe the technology patents held by Masimo.
The ruling has now been submitted to the White House for a 60-day presidential review, with the results expected to be announced after December 12. Apple earlier announced that it would suspend sales of the Apple Watch Series 25 and Apple Watch Ultra 12 on its official website starting December 21, and physical channels including Apple Stores would suspend sales starting December 9. However, consumers can still purchase such products through other authorized sales channels or at sales locations outside the United States.
Besides circumventing Masimo's patents through software updates, Apple could also reach a settlement with Masimo by paying for a technology license. However, Masimo CEO Joe Kiani later clarified that Apple has not yet contacted him regarding a settlement, and he also believes that Apple cannot avoid infringement issues solely through software updates, as its patents cover both software and hardware.
Apple believes that the US International Trade Commission's findings are incorrect and emphasizes that it will file an appeal later.
