Certain Apple Watch imports were prohibited after the US International Trade Commission (ITC) found in October that Apple had violated Masimo’s patents for a blood oxygen sensor. According to Bloomberg, Apple engineers are “racing” to change the algorithms used for the blood oxygen sensor in the Apple Watch to avoid having to stop selling the watch.

Apple said earlier today that it will stop selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States from December 21. The sources who talked to Bloomberg stated that engineers are reportedly changing how oxygen saturation is calculated and how users receive the data. These adjustments are likely to eliminate technology that is purportedly infringing on Masimo patents.

This action aligns with Apple’s announcement that it is “pursuing a range of legal and technical options” to ensure that sales of Apple Watch can get back on track as quickly as feasible. Hardware covered by Masimo’s patents powers the Apple Watch blood oxygen sensor, and Masimo thinks that a software update won’t be sufficient to resolve the patent infringements. According to Masimo, “the hardware needs to change,” as reported by Bloomberg.

However, the company appears to believe that a software-based solution will be enough, as a representative informed Bloomberg that it is working on submitting a workaround. Given that Apple will need to test the modifications, it seems doubtful that a software update will be released before the end of sales. Updates to the hardware would take at least a few months.

Now, the company has taken the initiative to prepare for compliance with the ITC’s ruling, even if the White House has until December 25 to decide. The Watch Series 9 and the Watch Ultra 2 will no longer be available for purchase at stores in the US from December 21 at 2:00 PM Pacific Time. Additionally, online sales will also stop after December 24.

However, The Apple Watch SE will still be available in other nations in addition to the Apple Watch as it is not equipped with a blood oxygen sensor. The business plans to appeal the ITC’s decision to the U.S. Court of Appeals for the Federal Circuit on December 26 if a motion to reconsider is not given.

The following was the statement released by Apple earlier today:

A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24. The decision does not impact sales of the devices in other countries at this time.

Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers. Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.

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