Apple will begin selling Apple Watch Series 9 and Apple Watch Ultra 2 models without the contested Blood Oxygen feature in the U.S. starting today, Thursday, January 18, according to 9to5Mac‘s Chance Miller, This will allow Apple to avoid a sales ban that was placed on the wearables back in December. They will be available as of 6 a.m. Pacific Time today.
The report says that the Apple Watch models that go on sale will still include the Blood Oxygen app, but when a user attempts to open the app, they’ll see a message reading: “The Blood Oxygen app is no longer available. Learn more in the Health app on your iPhone.” When they go to the Health app on their iPhone, they will see a link to a support article on Apple’s website.
Here’s Apple’s full statement to 9to5Mac:
“Apple’s appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC’s decision. We strongly disagree with the USITC decision and resulting orders.
Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. These steps include introducing a version of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature. There is no impact to Apple Watch units previously purchased that include the Blood Oxygen feature.
Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6am PT on January 18, and from Apple Stores starting January 18.”
Apple confirmed that the Blood Oxygen app will continue to be functional on previously sold Apple Watch Series 9 and Ultra 2 models, as well as models sold outside of the United States, as the sales ban only applies to the U.S.
Apple engineers are reported to be “racing” to make changes to algorithms on the Apple Watch that measure a user’s blood oxygen level — a feature that Masimo Corp. has argued infringes its patents.
Apple was first banned from selling the Series 9 and Ultra 2 in December. Apple then appealed the decision in court, resulting in the Court of Appeals for the Federal Circuit putting an interim stay in place while the court reviewed Apple’s request for a full stay for the length of the appeal. Apple was then allowed to temporarily resume sales of the affected Apple Watch mode
Masimo back in 2020 claimed Apple stole Masimo employees and stole trade secrets while the Cupertino firm was developing the Apple Watch. Masimo was seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo said used its technology.
Apple did indeed hire employees away from Masimo, hiring Chief Medical Officer Michael O’Reilly in July 2013, and then in 2014, it hired Cercacor Chief Technical Officer Marcelo Lamego (Cercacor is a Masimo spinoff company). Masimo claims that the two former employees shared Masimo’s intellectual property when they developed the Apple Watch, which Apple denies.