In a bid to evade an import ban imposed on Apple Watch Series 9 and Ultra 2 devices, Apple has decided to eliminate the Blood Oxygen app from its products sold in the United States. The move comes in response to a patent dispute with Masimo, a company involved in the legal battle against Apple.

According to a letter from Masimo to an appeals court judge, Apple has been granted permission by US Customs and Border Protection (CBP) to bypass the import ban by removing the Blood Oxygen app from the affected Apple Watch models. The CBP determined that Apple's redesign of the devices falls outside the scope of the International Trade Commission's (ITC) import ban.

While details of the CBP decision remain confidential, it is reported that Apple has already shipped modified versions of the Watch Series 9 and Ultra 2 to its US locations. However, stores have been instructed not to open or sell these devices until they receive authorization from higher authorities.

The ITC had previously ruled that Apple had violated Masimo's patents regarding blood oxygen functionality on the Apple Watch, leading Apple to temporarily halt sales of the affected models in the US. However, an emergency interim stay of the ruling in December allowed Apple to resume sales of the wearables.

It's worth noting that Apple's decision to remove the Blood Oxygen app will not impact users who already own an Apple Watch with this feature. Apple had introduced the app with the release of the Apple Watch Series 6 in 2020. It is possible that Apple will introduce a new version of the app for the affected devices once the patent dispute is resolved.

To avoid the risk of the import ban being reinstated, Apple opted to remove the app altogether, which was considered the quickest and easiest solution. However, this move represents a significant concession, as the Blood Oxygen app was once a highly promoted feature of the Apple Watch.

Apple's motion to extend the stay on the ban pending an appeal could be heard by a federal appeals court as early as this week. Masimo has accused Apple of hiring its former employees and using its pulse oximetry technology in its Apple Watch devices. In response, Apple has countersued Masimo, claiming that the company's own smartwatch has copied patented features from the Apple Watch.

The outcome of this ongoing legal battle will determine the future of the affected Apple Watch models in the US market.