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Tag: blood

  • Apple removes Apple Watch Series 9, Apple Watch Ultra 2 models from its U.S. online storefront to satisfy ITC ruling

    Apple removes Apple Watch Series 9, Apple Watch Ultra 2 models from its U.S. online storefront to satisfy ITC ruling

    The day Apple definitely didn’t want to arrive came yesterday.

    Aso of Thursday, Apple stopped selling the Apple Watch Series 9 and Apple Watch Ultra 2 in its online store in the United States, with the devices pulled from sale just days ahead of when an Apple Watch import ban goes into effect. When attempting to purchase an ‌Apple Watch Series 9‌ or ‌Apple Watch Ultra 2‌ to the online store, the devices say “currently unavailable.” Apple has also removed refurbished Apple Watch Series 7 and Series 8 models from its website.

    The company on Monday stated that it would need to pause sales of its Apple Watch Series 9 and Apple Watch Ultra 2 models in order to comply with an International Trade Commission (IRC) order related to the Apple Watch blood oxygen monitoring technology from being imported into the United States. The ITC enforced after deciding that the Apple Watch blood oxygen sensor violates patents owned by medical device company Masimo.

    Customers can still purchase the Apple Watch models in question from Apple’s retail store locations, but Apple will stop store sales after December 24 in order to comply with the ruling. Third-party stores like Target, Walmart, and Best Buy can continue to sell the Apple Watch until supplies run out. Apple will be able to sell the Apple Watch SE, as it does not have a blood oxygen sensor.

    Sales could be reinstated should the White House veto the import ban, and the Biden administration has until December 25 to review the order and determine whether or not to intervene. Should the White House not veto the import ban, Apple will not be able to sell the Apple Watch until it removes the infringing technology.

    Apple is planning to appeal as soon as it can on December 26, and the company said it is “pursuing a range of legal and technical options” to get the Apple Watch models back on store shelves as soon as possible.

    Apple has posited that a software fix might satisfy the requirement, and Apple engineers are said to be adjusting how oxygen saturation is determined and how the data is provided to customers. Apple said that it is working to submit a workaround to US Customs to get the ban lifted, but it is unclear if a software fix will be sufficient because the patents in question pertain to the hardware.

    Stay tuned for additional details as they become available.

    Via MacRumors

  • ITC nixes Apple’s Request to stay Apple Watch Series 9 and Apple Watch Ultra 2 ban during patent conflict

    ITC nixes Apple’s Request to stay Apple Watch Series 9 and Apple Watch Ultra 2 ban during patent conflict

    Sometimes your legal team can’t get everything it wants.

    Following up on Tuesday’s story about the International Trade Commission (ITC) blocking sales of the Apple Watch Series 9 and Apple Watch Ultra 2 due to patent discrepancies between Apple and Masimo, the ITC has officially denied one of Apple’s last-ditch attempts to halt the looming Apple Watch Series 9 and Apple Watch Ultra 2 ban. This officially means Apple’s last recourse is for President Biden to veto the ITC’s decision.

    According to The Verge, which noticed the filing, the ITC has declined Apple’s request to “stay the remedial orders pending appeal and/or in light of a potential government shutdown.” In short, the ITC will not stop the Apple Watch sales ban while Apple awaits an appeal. Apple first filed this appeal on October 30.

    The conflict first surfaced around October given a long-running patent dispute between Apple and medical technology company Masimo around the Apple Watch’s blood oxygen sensor technology.

    Per the filing:

    “On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist

    orders pending appeal and/or in light of a potential government shutdown. On November 9, 2023, the Complainants filed an opposition to Apple’s motion. On November 20, 2023,
    Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for Masimo W1 Watch requesting that the Commission consider certain documents in making its decision on Apple’s motion.

    For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice.”

    The ban could be prevented with the assistance of the Biden administration, which could step in and veto the ITC’s decision. This action would have to occur within the next week, though, as the Presidential Review Period expires on December 25.

    Apple could also appeal the ITC’s final decision with the US Court of Appeals for the Federal Circuit once the Presidential Review Period has expired. Apple had previously confirmed that it plans to file an appeal on December 26. Appealing the decision, however, will not delay the ban on Apple Watch Series 9 and Apple Watch Ultra 2 sales and imports.

    In the short term, the ban would ensure that the Apple Watch Ultra 2 and Apple Watch Series 9 will no longer be available to order from Apple’s website in the US after 3 p.m. ET on Thursday, December 21. In-store inventory would no longer be available from Apple retail locations after December 24, and customers would have to buy the Apple Watch units on Amazon while supplies were available.

    Apple is also rumored to be exploring software changes to the Apple Watch’s blood oxygen sensor that could allow it to circumvent the two Masimo patents in question. Masimo, however, has said that the “hardware must change.”

    Stay tuned for additional details as they become available.

    Via 9to5Mac, The Verge, and usitc.gov

  • Apple to pause sales of Apple Watch Series 9, Apple Watch Ultra 2 units in U.S. following ITC patent ruling

    Apple to pause sales of Apple Watch Series 9, Apple Watch Ultra 2 units in U.S. following ITC patent ruling

    Sometimes even Apple’s legal department can’t keep bad things from happening to the company, even amid the holiday shopping season.

    Apple announced on Monday that it would pause sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. later this week due to an ongoing patent dispute with medical tech company Masimo related to blood oxygen sensing.

    The company stated that the Apple Watch Series 9 and Ultra 2 models will no longer be available to purchase at Apple’s online store in the U.S. starting December 21 (after 12 p.m. Pacific Time), or from Apple retail stores in the U.S. after December 24. The devices will remain available to purchase in other countries.

    Back in October, the International Trade Commission (ITC) ordered a ban on certain Apple Watch imports into the U.S. after it was discovered that Apple had violated Masimo’s patents related to non-invasive blood oxygen sensing, a technique also known as “pulse oximetry.” Apple, in turn, has stated that it is preemptively taking steps to comply should the ruling stand, while also adding that it “strongly disagrees” with the ITC’s order and is “pursuing a range of legal and technical options” to ensure that availability of the Series 9 and Ultra 2 resumes in the U.S. as soon as possible.

    Apple also stated that it plans to appeal the ITC’s order with the U.S. Court of Appeals for the Federal Circuit on December 26 if necessary.

    Apple offered the following comment:

    “A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24. The decision does not impact sales of the devices in other countries at this time.

    Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that the Apple Watch is available to customers.

    Should the order stand, Apple will continue to take all measures to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”

    Since 2020, Masimo has accused Apple of poaching its employees and stealing trade secrets in order to develop the blood oxygen sensing feature available on the Apple Watch Series 6 and newer. In January, an ITC judge ruled that Apple had infringed on a Masimo patent relating to light-based technology for reading blood-oxygen levels.

    Massimo offered the following comment as to the ITC’s order:

    “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.”

    Stay tuned for additional details as they become available.

    Via MacRumors and 9to5Mac

  • Rumor: Blood glucose testing feature for Apple Watch could take several years to be miniaturized for the device

    Rumor: Blood glucose testing feature for Apple Watch could take several years to be miniaturized for the device

    While Apple’s noninvasive monitoring technology for blood glucose monitoring may have recently reached a “proof of concept” stage, it might not be available as an Apple Watch feature for several years.

    According to Bloomberg’s Mark Gurman, Apple’s methodology, which allows diabetics and others to test their blood glucose levels without needing to prick the skin for blood testing, apparently uses a silicon photonics chip to shine light from a laser under the skin to determine the concentration of glucose in the body.

    Per Gurman’s recent “Power On” newsletter, Apple “still needs to perfect the algorithms and on-board sensors” to bring the technology to market. Crucially, the company also needs to “shrink it down to the size of a module that can fit in the small and thin package that is an Apple Watch.” Gurman believes this process “will take another three to seven years at least.”

    Apple is said to have begun working on alternative glucose monitoring methods following its acquisition of RareLight in 2010. The company then used a startup called Avolante Health LLC to develop the technology at a secret facility before moving it to the Exploratory Design Group (XDG).

    Apple has been conducting human trials for the past 10 years and seeks to be able to warn Apple Watch users if they are prediabetic to encourage lifestyle changes before diabetes develops. It’s also rumored that Apple is holding early discussions about getting regulatory approval for the technology.

    Stay tuned for additional details as they become available.

    Via MacRumors and Bloomberg

  • Apple faces patent infringement-based legal action over pulse oximetry feature found in Apple Watch units

    Apple faces patent infringement-based legal action over pulse oximetry feature found in Apple Watch units

    In the constant technology patent infringement war, wherein Apple often fights several legal battles at once, the latest case could theoretically lead to the ban of Apple Watch Series 6 and newer models in the United States.

    In 2021, Masimo, a company that makes medical-grade gadgets, sued Apple, saying that the blood oxygen monitoring feature of the Watch Series 6 broke five of its patents for pulse oximeters. On Last Tuesday, a judge from the US International Trade Commission (ITC) ruled that Apple did in fact break one of Masimo’s pulse oximeter patents.

    While Apple wasn’t found guilt on patent infringement on the other four patents, the US International Trade Commission (ITC) will now decide whether to ban the import of Apple Watch models that can monitor blood oxygen. The final decision is expected to be made on May 10th.

    “We are happy that the judge recognized Apple’s infringement of Masimo’s pulse oximetry technology and took this critical first step toward accountability,” said Masimo CEO Joe Kiani in a statement. “Today’s decision should help restore fairness in the market. Apple has similarly infringed on other companies’ technologies, and we believe today’s ruling exposes Apple as a company that takes other companies’ innovations and repackages them.”

    Apple, in turn, offered the following comment:

    “We respectfully disagree with today’s decision and look forward to a full review by the Commission.”

    It seems difficult to imagine every Apple Watch from the Series 6 on being banned throughout the United States, and offs are that the ruling would probably be taken to a higher judicial institution and also appealed afterward. Apple could theoretically settle with Masimo, which could receive a large settlement payment and call that a fair deal.

    Stay tuned for additional details as they become available.

    Via Phone Arena