I have to admit that when I heard about this, my first thought that Apple was being super crafty here. What I mean by “this” is this report is this one by MacRumors where they talk about how Apple got around the pulse oximetry ban that came about via the patent lawsuit that Masimo brought against Apple:
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.
That’s pretty crafty by Apple seeing as they have no interest in coming to a settlement with Masimo. Likely because everyone and every company that Apple has “Sherlocked” over the years would come out of the woodwork to get paid as well. So that makes letting the clock run out or winning on appeal the best options for the folks at Apple Park. Let’s see how well that works out for them.
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This entry was posted on March 13, 2024 at 8:55 am and is filed under Commentary with tags Apple. You can follow any responses to this entry through the RSS 2.0 feed.
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Apple’s Plan To Deal With Massimo Is To Win On Appeal Or Let The Clock Run Out
I have to admit that when I heard about this, my first thought that Apple was being super crafty here. What I mean by “this” is this report is this one by MacRumors where they talk about how Apple got around the pulse oximetry ban that came about via the patent lawsuit that Masimo brought against Apple:
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.
That’s pretty crafty by Apple seeing as they have no interest in coming to a settlement with Masimo. Likely because everyone and every company that Apple has “Sherlocked” over the years would come out of the woodwork to get paid as well. So that makes letting the clock run out or winning on appeal the best options for the folks at Apple Park. Let’s see how well that works out for them.
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This entry was posted on March 13, 2024 at 8:55 am and is filed under Commentary with tags Apple. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.