Series 10 Apple Watch will not be able to measure oxygen levels
What Happened: According to article by TechCrunch, Apple Watch series 10 units sold in the United States will not have the ability to measure blood oxygen levels. Apple Watches sold in other countries will not be affected by this restriction.
The exclusion in the U.S. is primarily due to an ongoing patent infringement battle with Apple and Masimo--a company specializing in manufacturing medical devices including pulse oximeters. They allege that Apple engaged in unfair practices by hiring Masimo’s chief technology officer and chief medical officer. Masimo claims that this move was intended to gain access to confidential trade secrets related to its light-based oxygen measurement sensors, which Apple then used to develop its own technology. This strategy allegedly allowed Apple to avoid licensing fees for Masimo’s patents.
It's not known whether the feature is locked out in software, or if units sold in the U.S. do not have the sensor altogether. However, due to the fact that this battle is ongoing, it would make sense that Apple simply disabled the feature in software and retained the option to activated it later on if they are able to prove that they did not violate Masimo's patents.
Can I buy it from other countries?
You can have an Apple Watch series 10 shipped from other countries to the United States, although do not be surprised if the oxygen sensor in those units do not work as well. While it is not confirmed, Apple is most likely checking if the watches are activated in the U.S. and if so they may disable the blood oxygen functionality in them as a result.
Apple has used this tactic before when they began allowing European residents to install 3rd party App Stores in response to EU legislation.