Apple has a solution to avoid the ban on the sale of the Watch Series 9 and Ultra 2

U.S. Customs has approved Apple’s proposed redesign of the Apple Watch Series 9 and Ultra 2 models. (Bloomberg)

Apple would have found an alternative solution to avoid the ban on the sale of its Watch Series 9 and Ultra 2 smartwatches, devices that could continue to be marketed in the United States as long as they do not include the pulse oximeter function.

The measure responds to the U.S. Customs Agency’s approval of a redesign after a bitter legal dispute between the Cupertino-based technology company and Masimo, a medical company that accused it of violating two of its sensor-related patents. the level of oxygen in the blood.

And the proposed redesign would only rely on disabling the tool for the two models through a software update that will arrive alongside the new units that start shipping to stores. Although it will not affect Apple Watches already sold.

This change represents a setback in the functionality of these smart watches, because they will no longer be able to measure users’ blood oxygen saturation. (Manzana)

Masimo’s lawyers themselves made this known in a letter published before the Court of Appeals for the Federal Circuit, in which they inform them that with the changes proposed by Apple, the affected devices fall outside the scope of the ban established by the US International Commission for Trade (ITC).

However, the detailed decision has not yet been published due to claims of confidentiality by the company led by Tim Cook.

The truth is that this story is far from over, especially after Apple scored a temporary victory by resuming sales of these smartwatches through an appeal of the ITC’s original ruling.

And with this new decision, the company founded by Steve Jobs now guarantees that it can continue to market these devices, even if without the oximetry function.

However, the final decision on Apple’s appeal and whether the veto will be upheld is pending a ruling that could be announced this week, according to 9to5Mac.

Apple has asked that the suspension of the sales ban be maintained while the appeal of the ITC’s original ruling lasts. (EFE/Adam Davis)

Masimo, for its part, seems to have limited itself to an observer position following the US customs decision in favor of Apple.

Despite its initial position that a hardware breach couldn’t be fixed with a software fix, the medical company now has few legal alternatives.

And while it could reapply to the ITC, it would have to demonstrate that its patents continue to be infringed after Apple’s changes.

The case could be dismissed within the next six months. (Bloomberg)

The bitten apple company does not seem to have a quiet 2024 in judicial matters.

At least this is what an investigation by the American newspaper The New York Times reveals, which warns that the US Department of Justice is preparing a possible antitrust case against Apple, which could be presented in the first half of this year.

The investigation, according to the newspaper, appears to be in its final stage and focuses on how the technology giant he founded takes advantage of its hegemony in the development of hardware and software for mobile devices, wearable devices and computers.

The agency responsible for enforcing US laws would have its magnifying glass on a “walled garden” business model, with which the company responsible for developing the iPhone and iPad would limit competition and freedom of choice of consumers.

Also at the center of the case are recent clashes with Beeper and Tile, companies that have had disputes with Apple due to their restrictive policies.

2024-01-15 20:04:00
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