Apple plans to remove blood-oxygen sensors from some of its smartwatches to avoid a U.S. ban, several outlets reported.
The move from Apple, which would allow the company to keep its watches on the market, is an apparent way around a patent dispute related to the technology.
Masimo Corp., the health tech company that has been locked in a feud with Apple over the technology's patent, said U.S. Customs and Border Protection "decided that Apple’s redesign falls outside the scope” of an import ban by the U.S. International Trade Commission in approving the move on Friday, Bloomberg reported. Wall Street Journal also reported the change.
Apple and Masimo Corp. did not respond to USA TODAY's request for comment.
Patent dispute:Too late to buy an Apple Watch for Christmas? Apple pauses Ultra 2, Series 9 sales
In December, Apple temporarily halted the sale of the Apple Watch Series 9 and Apple Watch Ultra 2 of its new smartwatch models, over the patent dispute.
At the time, the ITC said the products violated Masimo's patent. Apple appealed the decision and argued that a pause on sales could negatively impact users who rely on the watches' safety and health features.
"Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers," the company said in an emailed statement last month. Should the ITC's order stand, "Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
An interim stay allowed Apple to bring back the products late last month, Bloomberg reported.
California-based Masimo accused Apple of using blood-oxygen tracking technology that infringed its patents. Apple's blood oxygen feature first launched with the Series 6 Apple Watch in 2020.
Masimo filed a complaint in 2021, and the U.S. International Trade Commission in October issued orders that would ban Apple from importing and selling watches that use the blood oxygen feature.
"The decision to exclude certain foreign-made models of the Apple Watch demonstrates that even the world's most powerful company must abide by the law,” Masimo said in an emailed statement.
Apple has also accused Masimo of infringing patents and filed two lawsuits against the company last year after Masimo launched its own smartwatch.
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