Masimo warns Apple that a swift software update is not enough to allow banned watches back on the market

New face on Apple Watch Ultra 2
(Image credit: Future)

In our news story yesterday about Apple having to withdraw two of its watches – the Series 9 and the Ultra 2 – from sale in the US following its loss in a parent law suit with medical tech company Masimo, we were left wondering what Apple’s response would be. After all, the company would surely want the lucrative smartwatches back on sale as soon as possible.

Well, according to Bloomberg, the solution that Apple is proposing does not impress Masimo.

The issue concerned the SpO2 sensors which the watches use to monitor blood oxygen levels. The International Trade Commission (ITC) ruled in Masimo’s favor.

Apple’s engineers are currently making making tweaks to the phones’ software, which would change the way oxygen saturation is recorded and also how the data is delivered to the users. Apple believes these updates will mean the watches no longer violate Masimo’s patents.

Apple Watch Ultra 2

Cyclist wearing Apple Watch Ultra 2 (Image credit: Apple)

Masimo begs to differ. It tells Bloomberg that a software change will not be sufficient and the hardware will need to be changed. So even after Apple submits the work-rounds to the ITC, it looks like Masimo will continue to cry foul.

So it looks like we won’t be seeing the two watches back on sale any time soon.

The Series 9 and Ultra 2 will no longer be available from 21 December online and 24 December in retail stores across the States. However, third-party retailers like Amazon and Best Buy can continue to sell the watches while stocks lasts.

The ban affects the watches that have a blood oxygen sensor. Other watches, like the Apple Watch SE, will be available for purchase as usual.