Apple plans major software changes to fix Watch Series 9, Ultra 2 patent violation to fix ban

Amid a protracted patent dispute with medical technology company Masimo, Apple is gearing up to cease sales of its Apple Watch Series 9 and Apple Watch Ultra 2 later this week following an International Trade Commission (ITC) ruling.

The ruling, issued in October, determined that the blood oxygen sensor in the Apple Watch infringes on two Masimo patents, encompassing five instances of patent infringements.

As the 60-day Presidential Review Period inches closer to its December 25 deadline, Apple is considering various strategies, including making software alterations to watchOS 10, to navigate the ITC ban. While the Biden administration holds the power to veto the ban, action is yet to be taken thus far.

In a race against time, Apple engineers are reportedly working fervently to modify algorithms on the Apple Watch that measure users’ blood oxygen levels, as reported by 9to5Mac.

The objective is to change how the device determines oxygen saturation and presents this data to customers. This ambitious engineering effort is described as unprecedented for Apple, given the high stakes involved.

Notably, the patents contested by Masimo primarily pertain to hardware aspects of the Apple Watch’s blood oxygen sensor.

Despite this, Apple seems optimistic that software changes, rather than an intricate hardware overhaul, will be sufficient to return the device to store shelves.

Bloomberg’s report suggests that Apple is actively working on submitting a workaround to the US customs agency, responsible for approving changes that allow a product back into the market.

An Apple spokeswoman confirmed this, stating that the company is diligently engaged in developing a solution.

However, Masimo remains steadfast in its position, asserting that the Apple Watch’s “hardware needs to change” and that a mere software fix would fall short of addressing the alleged patent infringements.

As the deadline approaches, the tech industry watches closely to see whether Apple’s software-centric approach will prove effective in resolving this complex legal quagmire.

(With inputs from agencies)