In a shocking development, it emerged earlier this week that the latest two Apple Watch models, the Series 9 and the Ultra 2, are set to be removed from sale from December 21, following litigation in patent matters. We’ve since learned that Apple is working on an urgent software update that it says could resolve the situation… even though the company’s legal challenger thinks otherwise.
Following the announcement of the ban, Bloomberg reported on Apple’s “rescue mission” to allow sales of the wearable devices to continue. Since the International Trade Commission’s import ban relates to a patent for blood oxygen measurement, Cupertino engineers are “rushing to make changes” to the affected algorithms. “They are adjusting the way the technology determines oxygen saturation and presents the data to customers,” Bloomberg writes, citing sources close to the work. Apple itself made a rare public statement, with a spokesperson telling Bloomberg that it was “working to submit a workaround to the U.S. customs agency, which is responsible for approving changes necessary to put a product back on the market”.
However, we don’t know what that means for the sensor, which debuted on the Apple Watch Series 6. Apple uses the sensor to “measure the percentage of oxygen that your red blood cells carry from your lungs to the rest from the body “. According to studies, the sensor is as reliable as a medical grade device. Any algorithm changes could reduce this accuracy or change the functionality of the sensor. It’s unlikely that Apple will disable the sensor completely, but it’s also a possibility.
If the situation can be resolved via a software update, the process will be relatively simple; Apple’s internal software testing takes some time and there will be regulatory hurdles to jump through, but it’s all much faster than updating the hardware. However, Masimo, the company that claims Apple violated its patents, believes that a software update will not be enough.
“The hardware needs to change,” he said in a statement. After all, patents largely refer to hardware elements, namely the light-emitting and sensing instruments used to measure blood oxygen levels.
Of course, Apple has an option that seems quicker and easier than changing software or hardware: it could admit defeat and settle down, but that’s not how Apple works. Apple previously had meetings with Masimo about using the company’s technology, but the discussions broke down, according to court documents. Apple has also hired Masimo engineers from outside the company.
Technically, the ban does not prevent Apple from selling the devices, only from importing them into the United States. But in practice, the effect is the same, as the company relies on overseas suppliers to make its products before shipping them to its stores. The ban goes into effect on December 25, but Apple plans to stop sales on a staggered basis a few days earlier.
