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On Monday, it was announced that Apple would halt sales of its Watch Series 9 and Watch Ultra 2 products later this week. This is due to an imminent import ban coming from the patent dispute with medical device company Masimo over the blood oxygen sensor on the Apple Watch.
Now according to Bloomberg, engineers are “racing” to adjust how the oxygen saturation is determined and how the data is provided to consumers. This is an update that would presumably remove the technology that is allegedly violating Masimo’s patents. This is in line with what Apple stated, that it is “pursuing a range of legal and technical options” to make sure that the Apple Watch sales are able to resume as soon as possible.
Masimo told the publication that “the hardware needs to change.” This is because the patent is related to the hardware that powers the Apple Watch blood oxygen sensor, and Masimo believes that a software change would not be enough to address the allegations.
Apple is preemptively complying with the sales ban
In October, the ITC ordered a ban on some Apple Watch exports – mainly those that Apple currently sells that have the blood oxygen sensor. The US President could review the court’s order and veto the ban ahead of when Apple would need to stop selling the watch, which would be 60 days after the ban was ordered. Meaning that The White House has until December 25 to make a decision.
However, Apple has decided to comply with the ban preemptively. This is likely because a President very rarely vetoes an ITC sales ban. Apple has announced that they will stop selling the Apple Watch Series 9 and Watch Ultra 2 in the US at retail stores on December 21 at 12 PM PT/3 PM ET. And online sales will stop after December 24.
Keep in mind however, that the ITC sales ban only affects banning Apple from selling these products, and not other retailers like Best Buy, Amazon, and even the carriers. So there will be other places to get a new Apple Watch. Additionally, the Apple Watch SE will remain on sale since it is not affected, as it does not have a blood oxygen sensor.