If you want to purchase the latest versions of the Apple Watch, you might want to do so now as there's a real possibility that they will face a temporary ban. Predictably, Apple is not just sitting on its hands and is actively trying to develop an update that could reverse it.
Apple Intends to Circumvent the Ban
The tech giant is reportedly trying to create software updates to Apple Watch algorithms when it comes to blood oxygen levels, all so it would not have to face the consequences of the alleged patent infringement of another company's medical technology.
By changing how the watch measures blood oxygen levels, Apple might just get out of having to take select models of smartwatches off the shelves after Christmas. The ban comes after Apple lost in an appeal to reverse the patent ruling.
The court ultimately decided that the iPhone maker used licensed technology from a California-based medical technology company called Masimo. The patent dispute has been going on since 2021, as reported by Engadget.
The software update is likely a contingency plan for Apple, as they already have other methods set in motion. The tech giant has gone to the Biden administration in hopes that they would reverse the International Trade Commission (ITC) ruling.
The review period for the potential veto will be finalized next week. If the administration finds that the ITC's ruling is fair, then Apple will no longer be able to sell the Apple Watch 9 and Apple Watch Ultra 2, both of which feature the patented technology from Masimo.
Even with the software update, it's still not a guarantee that the company would be able to prevent the ban. The ITC will still need to review and approve the update before the matter is settled. If not, then Apple might have to take up Masimo's offer to license the tech.
Masimo CEO Joe Kiani already expressed his opinion on the software update, saying that he thinks it would not work. "[O]ur patents are not about the software," the chief executive stated, "They are about the hardware with the software."
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Apple Poached Masimo Engineers
Masimo has a solid case against Apple, especially since the latter was known for hiring Masimo employees to develop the same kind of technology that would be used on Apple Watches. Kiani claims that Apple managed to poach over 20 Masimo engineers.
The chief executive also claims that Apple enticed the employees by offering doubled salaries, allowing them to allegedly steal trade secrets to take to Apple. One of the significant hires for Apple was former Masimo Chief Technical Officer Marcelo Lamego from Cercacor, a Masimo spinoff.
As per MacRumors, Lamego filed for 12 patents in his six months working at Apple. It was also mentioned that former Masimo Chief Medical Officer Michael O'Reilly warned the company that Lamego's knowledge of the tech was "considered confidential information of Cercacor or Masimo."
Apple disputed the claim by providing an email exchange between Lamego and Apple CEO Tim Cook, stating that he could "add significant value" to Apple without tapping into his work while he was still a Masimo employee.
Related: Apple Halts Sale of Select Smartwatches After Losing Appeal to Reverse Patent Ruling
