Key Apple Watch health feature no longer faces an import ban in U.S. after redesign
Because Apple was found to have infringed on Masimo's patents by the International Trade Commission (ITC) the Apple Watch Series 9 and Apple Watch Ultra 2 have their pulse oximeter feature disabled in the U.S. Until Apple licenses the technology from Masimo, redesigns the feature, or finds another way around the patent, the health-related tool will not be allowed on the Apple Watch Series 9, Apple Watch Ultra 2, and later models in the States.
The pulse oximeter measures the saturation of oxygen in a user's red blood cells and shows how well a person's lungs are working. If you must have a working pulse oximeter, you can pick one up fairly cheap (about $15 and up) on Amazon. Apple did face another import ban when the ITC ruled in 2022 that the electrocardiogram (ECG) used on Apple Watch models infringed on AliveCor's patents.
In February 2023, the ITC's Final Determination imposed on Apple a Limited Exclusion Order (LEO) and a cease and desist order on Apple Watch models infringing on AliveCor patents. Unlike what happened with the Masimo patents and the pulse oximeter, Apple was able to redesign the ECG. The redesigned technology was examined by U.S. Customs and Border Protection which determined that Apple "met its burden" and that the redesigned ECG does not infringe on AliveCor's patents.
The redesigned electrocardiogram on the Apple Watch does not infringe on AliveCor's patents. | Image credit-Apple
"We find that Apple Inc. ("Apple") has met its burden to show that certain redesigned wearable devices ("articles at issue") do not infringe one or more of claims 12, 13, and 19-23 of U.S. Patent No. 10,638,941 ("the '941 Patent") and claims 1, 3, 5, 8-10, 12, 15, and 16 of U.S. Patent No. 10,595,731 ("the '731 Patent). Thus, CBP's position is that the articles at issue are not subject to the limited exclusion order that the U.S. International Trade Commission ("Commission" or "ITC") issued in Investigation No. 337-TA-1266 ("the underlying investigation" or "the 1266 investigation"), pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("Section 337")."-U.S. Customs and Border Protection.
With the U.S. Customs and Border Protection ruling that Apple no longer infringed on U.S. Patent No. 10,638,941 and U.S. Patent No. 10,595,731, the previously imposed Limited Exclusion Order against the infringing Apple Watches was no longer in effect. This is obviously good news for Apple and Apple Watch owners in the U.S. The ECG measures electrical signals in the heart and can help diagnose abnormal heart rhythms and coronary heart disease.
This September, the Apple Watch Series X is expected to be unveiled with a thinner case and a display nearly as large as the one on the Apple Watch Ultra 2. A redesigned watch band will eliminate the notches currently used to slide the bands onto the Apple Watch which could add more internal space inside the device to allow a larger battery to be employed. Unless Apple reaches a deal with Mosimo or redesigns the pulse oximeter, the new Apple Watch Series X and Apple Watch Ultra 3 will not sport this feature although it will include the ECG.
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