Apple Bypasses Import Ban on Watches Amid Patent Dispute with Masimo

In a recent court filing, medical monitoring technology firm Masimo revealed that Apple’s redesigned Apple Watches have successfully circumvented an import ban imposed by the U.S. International Trade Commission (ITC) last month. The ban targeted certain models, including the Apple Watch Series 9 and Ultra 2, following a patent infringement dispute between Apple and Masimo related to the watches’ pulse oximeters, which measure blood oxygen levels.

The ITC determined that the pulse oximetry functionality in the watches infringed on Masimo’s patents, prompting the import ban. Apple swiftly appealed the ruling, and pending a decision by U.S. Customs and Border Protection (CBP), continued selling the watches. The CBP was tasked with assessing whether the redesigned watches fell under the ban.

According to a court filing by Masimo’s attorneys, the CBP’s Exclusion Order Enforcement Branch concluded on Friday, Jan. 12, that “Apple’s redesign falls outside the scope of the remedial orders” in the ITC ban. Apple asserted that the redesigned watches no longer contained pulse oximetry functionality, leading to the CBP’s decision. The filing did not provide a copy of the CBP decision, citing confidentiality concerns raised by Apple.

Masimo spokesperson commented on Apple’s claim, stating, “Apple’s claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability. It is especially important that one of the world’s largest and most powerful companies respects the intellectual property rights of smaller companies and complies with ITC orders when it is caught infringing.”

The court filing further highlighted that Apple’s arguments suggest the CBP’s decision eliminates any alleged irreparable harm by Masimo, potentially favoring Apple in the ongoing legal battle.

The affected Apple Watches, Series 9 and Ultra 2, feature pulse oximeters to read blood oxygen levels. Apple introduced the pulse oximeter feature in its smartwatches with the Apple Watch Series 6 in 2020, leading to a legal dispute with Masimo. The ITC ruled in favor of Masimo in 2021, resulting in the import ban taking effect in December.

Apple temporarily halted sales of the affected watches before Christmas but resumed after the Federal Circuit Court of Appeals granted a stay while considering Apple’s appeal. The appeal, currently pending before the Federal Circuit, seeks to continue the stay or potentially reinstate the ban for watches that haven’t undergone the redesign.

Apple announced on Monday that the Federal Circuit’s ruling on the motion to continue the stay will be made on or after Jan. 16, and the company anticipates the appeal process to extend for at least a year. Meanwhile, versions of the Apple Watch without the blood oxygen sensor remain unaffected by the patent dispute and can continue to be sold without redesign.