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Apple to deactivate pulse oximeter on new Series 9 and Ultra 2 watches if court decides against it

Apple may have to disable the pulse oximeter on the newly sold Apple Watch Series 9 and Apple Watch Ultra 2 units if the appeals court rules against the company. This anticipated decision is expected as soon as today. The International Trade Commission’s (ITC) Exclusion Order originally forced Apple to remove the affected watches from online and physical Apple Stores in the U.S. However, a temporary hold has allowed Apple to continue selling these timepieces for now.

Previously, an ITC judge ruled that Apple infringed on a Masimo patent, and in response, Apple may need to disable the pulse oximeter on certain Apple Watch models. The U.S. Court of Appeals for the Federal Circuit is currently considering if Apple can keep selling the affected models during the appeals process.

Apple recently submitted a redesign to U.S. Customs, which consisted of disabling the pulse oximeter. As a result, Masimo issued a statement saying that Apple’s redesign did not fall within the scope of the remedial orders. This means Apple may have to disable the feature on newly sold units, without affecting existing Apple Watch Series 9 and Ultra Watch 2 users.

If the appeals court allows the Exclusion Order to remain in place, Apple will have to decide whether to sell new units without the pulse oximeter feature or license the patent from Masimo. Current owners of the affected watches will still be able to use the pulse oximeter, even if Apple disables the feature for new units. A decision is expected today regarding the future of the affected Apple Watch models.

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