Apple will have to “degrade its Apple Watch Series 9 and Ultra 2” in order to sell them in the US.

Apple can continue to sell Apple Watch series 9 And ultra 2 in the United States, but will be forced “make it worse for them”. In accordance with 9to5MacUS Customs has given the go-ahead for the redesign of both models presented by Apple.

The organization believes that with the changes proposed by representatives from Cupertino, the watch beyond the prohibition This is provided by the US International Trade Commission (ITC).

If you’re wondering why Apple would have to make the Apple Watch in question worse in order to continue selling it, the answer is simple. Because you will need to turn off the pulse oximeter function which violated Masimo’s patents.

This means that from now on Tim Cook will have to offer both the Apple Watch Series 9 and Ultra 2 without the ability to measure blood oxygen saturation.

There are few details about the US Customs Service’s decision because the official document has not been made public. In fact, his decision in favor of the Apple Watch redesign was known from a presentation made by Masimo’s lawyers in the Court of Appeals for the Federal Circuit.

Of course, this story is far from over. Let’s remember that although Apple suspended the sale of the Apple Watch Series 9 and Ultra 2 in the United States, it was able to temporarily resume it thanks to an appeal of the ITC ruling, which concluded that the watch violated the company’s pulse oximetry patents. to Masimo. At the moment, the devices are sold without modifications, although perhaps the situation will change in the near future.

Apple has at least ensured that no matter what happens in the lawsuit, it has an alternative continue to sell Apple Watches that infringe copyrights. Disabling blood oxygen monitoring is an unfortunate concession, but it has less commercial impact than stopping sales entirely.

Apple Watch Series 9 and Ultra 2 will have to be sold without a pulse oximeter option

As we already mentioned, the lawsuit to block Apple Watch sales in the US is not yet complete. Apple asked that the ban on its watch be suspended while it appeals the ITC’s initial decision.. Something that the Commission itself opposed. However, a determination on this matter is expected to be known this week. Actually, 9to5Mac indicates that this could happen today.

If the Apple Watch veto is upheld, Cupertino residents will have to update their stock devices to deactivate the pulse oximeter. Something that will most likely cause marketing to pause for a few days and then resume without said feature. A decision that, of course, Tim Cook and company will not like at all, but given the circumstances, it may turn out to be the “lesser evil.”

It’s worth clarifying that if Apple continues to deactivate the offending sensor, This measure will only affect those units that have not yet entered the market.. Therefore, users who have already purchased an Apple Watch Series 9 or Ultra 2 will not lose this feature.

Meanwhile, Masimo is given the role of spectator. Medical technology firm can’t do too much now that US Customs has given the go-ahead to retrofit the Apple Watch to disable the pulse oximeter. The company argued that the software solution was not sufficient because the patent infringement occurred at the hardware level.

However, if Apple continues to deactivate the above-mentioned feature, it won’t have much more legal resources left in reserve. You can only file a new petition with the ITC to ban the sale of smartwatches, but you must demonstrate that your patents continue to be violated.