Apple has received approval to modify its smartwatches to comply with a US court’s ban on the Apple Watch. The modification will remove a feature that Apple has promoted as a health-monitoring tool.
According to a federal court filing on Monday, Apple has proposed redesigning the Apple Watch by removing the pulse oximeter function, which measures oxygen levels in the blood.
This redesign was confirmed by Joseph R. Re, an attorney for Masimo, the Irvine, California-based technology firm that won a patent infringement lawsuit against Apple.
The filing indicated that US Customs and Border Protection’s enforcement branch has approved Apple’s redesign, allowing the company to continue importing the smartwatches into the United States.
Masimo’s attorney noted that while the proceedings remain confidential, it was confirmed that the government had no objections to Apple’s importation of the redesigned watch, provided it lacks the pulse oximeter functionality.
A Masimo spokesperson commented, “Apple’s claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability.”
Previously, Apple had successfully sought a temporary block on a US International Trade Commission ruling that banned the importation of newer Apple Watch models, including the Series 9 and Ultra 2, due to patent violations.
The ban was scheduled to begin on December 26, but a federal appeals court temporarily blocked it on December 27.
Currently, the Apple Watch Series 9 and Ultra 2 are still available for purchase in the US with the pulse oximeter feature, according to Apple.
The company expects a decision from the appeals court on its motion to block the ban as the appeals process progresses, possibly as soon as this week.
Following the ban’s implementation last month, Apple has been looking through legal and technical solutions to resume imports of its latest watches, including seeking approval for a redesigned version of the Series 9 and Ultra 2 from US Customs.
Apple has expressed strong disagreement with the ban and has vowed to take all necessary steps to make the Apple Watch available to US customers again.
In its appeal against the ban, Apple argued that it would suffer “irreparable harm” if the ban remained in effect while its appeal was ongoing.
However, Re stated on Monday that Apple could no longer claim irreparable harm, as the workaround had been approved.
The Apple Watch has been marketed as a life-saving device, contributing to its global popularity. However, the dispute with Masimo threatens to impact its status.
On December 18, Apple preemptively removed the Series 9 and Ultra 2 from stock in anticipation of the ban, but sales resumed soon after the December 27 injunction.
