Apple Watch Ban: Company Working on Software & Hardware Tweaks to Save $17 Billion Business،
2023 has been a long-term battle year for Apple and it looks like the fight isn't going to end anytime soon. The company is about to face a ban on 2 of its popular products: Apple Watch Series 9 & Apple Watch Ultra2. This is the result of a lawsuit filed by a medical technology company, Masimo Corp, which alleges that Apple offers a SpO2 sensor in its watches that infringes on patents owned by Masimo Corp.
Read on to know the whole deal and what Apple's next course of action may be.
Apple vs. Masimo Corp: What Happened
In 2020, medical technology company Masimo Corp filed a lawsuit against Apple, claiming that Apple had infringed the blood oxygen sensor patents by using it in the Watch 9 Series and Watch 2 Ultra. The International Trade Commission reported much the same in 2021.
While calling for a ban on Apple Watches, Masimo Corp also claimed that a ban would not affect the public as the SpO2 sensor is not that important to users. The ITC took up the case in January 2023 and the decision was in favor of Masimo Corp, which was the first step towards a ban on Apple Watches in the home country.
The ruling was followed in October 2023 when the ITC ordered a full review of the case and until then barred Apple from importing any watch models that might infringe Masimo's patents. Since a full review was ordered, there has been a 60-day review period during which the White House will have to make a decision. When this was announced in October, an Apple spokesperson said: “Masimo wrongly attempted to use the ITC to deprive millions of American consumers of a potentially life-saving product, while leaving room for shows them that copies Apple. Although today's decision does not have an immediate impact on Apple Watch sales, we believe it could be reversed and we we will continue our efforts to appeal.
When this statement was made, Apple seemed quite confident about revoking the ban, however, nothing of the sort has happened so far.
Note – The text between ” ” is the official statement from the Apple spokesperson.
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Apple Watch ban: what can happen next
If the White House and Joe Biden find Apple guilty, the ban on further imports and already imported Apple Watches will take effect from Christmas Day (25th December). This would have a huge impact on the tech giant's business as the holiday period is the peak season for sales of such devices. The ban coming into effect will mean that the Apple Watch 9 Series and Watch Ultra 2 will not be sold in the United States and many other countries.
If the White House rules against Apple, the company can appeal the decision after the 60-day review period has passed. Since the appeal process is long and drawn out, it will take a long time for Apple to get the ban lifted, at least if it happens. If Apple appeals to the Federal Circuit, the ban could be stayed until further review takes place, but there are no guarantees.
If the decision is not challenged, this ban will last until the patent expires in August 2028.
What is Apple doing to save businesses $17 billion?
The first step Apple will take will be to appeal the ban, as the United States is a very important market for the company. Meanwhile, Apple engineers worked on the watches themselves so that the ban would be lifted.
Reports indicate that Apple engineers have been burning the midnight oil to change the algorithm of watches that use a blood oxygen level sensor. Apple still has the option to settle with Masimo, but the company likely won't take that route. The company has been working on changing the products' algorithm to get ITC approval.
Masimo says that simple software tweaks won't be enough and that if Apple wants to get the ban lifted, the company needs to change the watch at the hardware level. Currently, Apple is preparing various legal and technical solutions. She began promoting banned models without images and also worked to make hardware modifications to watches. This would mean removing the SpO2 sensor and relaunching the Watch 9 Series and Watch 2 Ultra with a new design and specs. The process would take time as the brand would have to remove hardware, produce and then ship new models. Not counting the time needed to obtain approval from the regulator, it will take Apple 3 months to produce and ship a new range of watches.
Current status of the Apple Watch ban
Apple plans to stop selling the banned models online on Thursday and they will be removed from physical stores by December 24. Apple shared a statement with 9to5Mac, in which the brand informed that the Series 9 and Watch 2 Ultra will not be available for sale through the online store in the United States after December 21 or in Apple stores in the United States. United after the 24thth December. In other countries, the devices will continue to be sold until further notice.
What is the SpO2 sensor used for?
The blood oxygen level sensor was introduced on Apple Watches in 2020 with the Watch series 6. It provides constant monitoring of the user's blood oxygen levels around the clock. Reading can be taken in 15 seconds and ideal levels are 95% to 100%.
Although Apple has advised against using the monitor's readings for health purposes, the devices have proven useful during the COVID-19 pandemic, as doctors have used them to understand the impact of the virus on people's breathing. the person.
There have been many cases where Apple Watches have saved lives. In October 2022, Cleveland-based Ken Counihan was detected with a serious clot in his lungs after his Apple Watch's SpO2 sensor alerted him of danger to his life. He was only able to live because the clot was detected in time.
Similarly, a 16-year-old on a ski trip was saved after the watch detected his oxygen levels were reaching an alarming 66%. The boy was taken to the emergency room where it was found that the watch had detected almost accurate SpO2 levels because his lungs were filled with fluid and he was suffering from high altitude pulmonary edema which can lead to death if it is left unattended.
Implications of the viewing ban for consumers
If the ban goes into effect, American consumers will have a very limited choice of Apple Watches. The ban will impact the Watch series 6 and later models. Apple Watch SE and earlier models will sell continuously. Devices purchased before Christmas will be 100% legal and consumers will be able to continue using them without interruption.
Apple confirmed that its warranties will continue as is and that purchased devices will be repaired as usual if necessary.
For now, Apple and consumers are eagerly waiting to know what the Joe Biden committee will decide before the 25th.th December.
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Source- Bloomberg Report
