Apple Inc. may redesign the Apple Watch Series 9 and Watch Ultra 2 to avoid an import ban that could prevent it from selling the two devices in the U.S.

The development was disclosed today in a court filing spotted by 9to5Mac.

The import ban on the latest Apple Watch models stems from a lawsuit that Masimo Corp., a medical equipment supplier, brought against the iPhone maker in 2020. The complaint charges that the wearables infringe two patents belonging to Masimo and its spinoff company Cercacor Laboratories Inc. Late last year, the U.S. International Trade Commission ruled in favor of the medical device maker and banned Apple from importing the wearables.

Reports that Apple may redesign its smartwatch line to avoid the ban emerged shortly after the International Trade Commission’s decision. In a court filing published today, Masimo confirmed a redesign is on the table.

Masimo’s patent lawsuit centers on a sensing technology called pulse oximetry. It’s used by the latest Apple Watch models to measure the wearer’s oxygen saturation levels. According to Masimo’s new filing, Apple has stated “that its Redesigned Watch Products definitively (i) do not contain pulse oximetry functionality.”

The filing further specifies that U.S. Customs and Border Protection has determined the new design “falls outside the scope” of the import ban. That means Apple may continue selling the devices so long as their pulse oximetry feature is disabled. Currently, Apple Watch users can access the feature through a dedicated app.

There’s also a possibility the iPhone maker won’t have to disable its smartwatches’ pulse oximetry in the near future.

Shortly after the import ban came into effect, Apple filed an appeal with the Court of Appeals for the Federal Circuit. The company estimates that the litigation will likely take at least a year. According to Reuters, Apple has asked the court to pause the import ban while the appeal is being considered, which would allow the company to continue selling its latest smartwatches without disabling their pulse oximetry feature.

Masimo is arguing that the ban shouldn’t be paused. According to the company, allowing the latest Apple Watch models to be sold without a redesign would hurt its business and reputation as well as “demoralize” its engineering teams.

Two years after Masimo filed its patent lawsuit, Apple sued it back. The iPhone marker charges that Masimo’s litigation is an attempt to “clear a path” for its W1 smartwatch, which competes with the Apple Watch. The W1 includes a built-in pulse oximetry feature.

Image: Apple