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Apple Watch Pulse Oximetry Can Be Reactivated Through Software in 2028 or With Successful Appeal

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Apple has been selling the Apple Watch Series 9 and Apple Watch Ultra 2 without the blood oxygen monitoring feature in the U.S. since mid-January, and while we’ve suspected Apple would be able to reintroduce pulse oximetry in models that lack it through a future software update, new information from the U.S. Customs and Border Protection (CBP) confirms that reactivation is indeed a possibility. As a recap, Apple was found to be infringing on patented pulse oximetry technology owned by Masimo, and was banned from importing the ‌Apple Watch Series 9‌ and Ultra 2 into the U.S.

apple watch ultra yellow
The original January 12 order from CBP that allowed Apple to bring Apple Watch models with a disabled sensor in the United States was published recently (via ip fray), and it gives some insight into how Apple disabled pulse oximetry. While some of the order is redacted, Apple implemented a fix that turns off pulse oximetry when an Apple Watch is paired to an iPhone. Blood oxygen sensing becomes inaccessible to the user, and opening the blood oxygen app gives a warning that the feature is not available. Apple said that it hardcoded each Apple Watch at the factory with new software.

As part of the process to get approval to sell ‌Apple Watch Series 9‌ and Ultra 2 models without pulse oximetry enabled, Apple had to provide the code disabling the feature and test devices to Masimo. Masimo didn’t want Apple to have such an easy fix, so it paired the “redesigned” Apple Watches with a jailbroken ‌iPhone‌ running an older version of iOS, and was able to get pulse oximetry working.

Masimo tried to argue that activating pulse oximetry through a jailbroken phone meant Apple had not effectively removed the feature and the devices should not be allowed to be imported in to the U.S. Masimo also tried to say that jailbreaking is “permissible, common, and readily known,” but Masimo’s arguments were unsuccessful. The Exclusion Order Enforcement Branch of the U.S. Customs and Border Patrol ultimately decided that disabling pulse oximetry in the ‌Apple Watch Series 9‌ and Ultra 2 was enough to avoid infringing on Masimo patents, allowing those models to be offered for sale at Apple retail stores in the U.S.

Because Masimo was able to get blood oxygen sensing working using software on a jailbroken ‌iPhone‌, Apple too would be able to reactivate the blood oxygen sensor in the models where it has been disabled through a software update. When no longer subject to an import ban, Apple will be able to reintroduce blood oxygen sensing for ‌Apple Watch Series 9‌ and ‌Apple Watch Ultra 2‌ users who are not able to access the feature.

As noted by ip fray, the patents that Apple was found to have infringed on expire in August of 2028, which means that Apple will be able to re-enable pulse oximetry in affected models at that time. Apple filed an appeal with the United States International Trade Commission to attempt to get the ruling overturned, so if the appeal is successful, Apple could be able to re-add blood oxygen sensing sooner.

Apple could also opt to settle with Masimo and work out a licensing deal, but at this point, it doesn’t sound like that is going to happen. Masimo CEO Joe Kiani said in January that he had not spoken with Apple, and while he would be open to settling, an apology and an “honest dialogue” would need to be part of any settlement discussion.

Kiani has maligned the Apple Watch blood oxygen sensor several times, saying that customers are “better off without” the feature because it is not a “reliable, medical pulse oximeter.”

The ‌Apple Watch Series 9‌ and Ultra 2 only have disabled blood oxygen sensing capabilities in the United States, as the ban is not applicable in other countries. The Apple Watches remain fully functional outside of the U.S.

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Apple To Appeal €1.8 Billion Fine for Music in Europe

Apple Music

Apple has been handed a €1.8 billion fine in Europe by the EU regulators for allegedly abusing its dominant position for music streaming apps, Apple has announced that it will be appealing the ruling in Europe.

Apple has claimed that Spotify, which has a 56 percent share of the European Music market and pays Apple no fees for using its App Store, is behind the ruling and the company that brought the original complaint against Apple with the European regulators.

The primary advocate for this decision — and the biggest beneficiary — is Spotify, a company based in Stockholm, Sweden. Spotify has the largest music streaming app in the world, and has met with the European Commission more than 65 times during this investigation.

Today, Spotify has a 56 percent share of Europe’s music streaming market — more than double their closest competitor’s — and pays Apple nothing for the services that have helped make them one of the most recognizable brands in the world. A large part of their success is due to the App Store, along with all the tools and technology that Spotify uses to build, update, and share their app with Apple users around the world.

Apple has said that it will appeal the ruling by the European Commission and you can see full details and their full statement over at the Apple website at the link below.

Source Apple

Image Credit: Andy Wang

Filed Under: Gadgets News





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Apple Watch Ban appeal denied by ITC

Apple Watch Ban

Apple has lost its appeal on the ban on sales of the Apple Watch in the USA by the ITC, this will affect the current models of the Apple Watch in the USA, the Apple Watch Ultra 2 and the Apple Watch Series 9.

Apple will stop selling both models in Apple stores in the USA from the 24th of December, the ban will come into force from the 26th of December 2023, the ban will not affect other countries at the moment, you can see a statement from the ITC below.

On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist orders pending appeal and/or in light of a potential government shutdown. On November 9, 2023, Complainants filed an opposition to Apple’s motion. On November 20, 2023, Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for Masimo W1 Watch requesting that the Commission consider certain documents in making its decision on Apple’s motion.

For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice.

So the Apple Watch ban will come into force in the USA on the 26th of December 2023, it will be interesting to see what happens, and whether Apple manages to either fix the issue on its devices to get around the patents or comes to some sort of agreement with Massimo over its technology.

Source ITC (PDF), The Verge

Filed Under: Apple





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