Redesigned Apple Watches without blood oxygen monitor not subject to import ban

Update: 

• Amid an ongoing patent dispute between Apple and Masimo, a global medical technology company, U.S. Customs and Border Protection (CBP) decided a redesigned version of the Apple Watch that does not contain a blood oxygen monitor is not subject to an import ban.
• The CBP determined the redesigned Apple Watches fall outside the scope of remedial orders stemming from an International Trade Commission (ITC) investigation. 
• The ITC awarded Masimo an exclusion order against Apple last year after determining the latter infringed on Masimo’s patents with the blood oxygen monitoring feature. 
• Apple had asked the Federal Circuit to let it continue importing Apple Watches with the blood oxygen monitor feature while it appeals the ITC’s decision. 

Apple Watch ban overview: 

• Who: The United States International Trade Commission (USITC) has recommended a ban on the import of Apple Watch varieties with light-based pulse oximetry functionality.
• Why: Masimo has a patent on such light-based pulse oximetry technology in its products.
• Where: The USITC is based in Washington, D.C.

(Nov. 2, 2023)

The United States International Trade Commission (USITC) has recommended a ban on the import of Apple Watch varieties with light-based pulse oximetry functionality over a patent dispute with Masimo.

The recommendation will now go to President Joe Biden’s office for review and then both sides can appeal a ruling.

“Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law,” Masimo CEO Joe Kiani said about the Apple Watch ruling. “This important determination is a strong validation of our efforts to hold Apple accountable for unlawfully misappropriating our patented technology.”

The USITC said an exception would be made for warranty replacements or repairs on watches that came before the order.

Two dozen academic institutions, as well as antitrust experts and members of Congress, filed comments for Masimo in support of the Apple Watch ruling, Masimo said. They commented that an order works to “preserve incentives to innovate and protect intellectual property and fair competition” related to public health.

U.S. Administrative Law Judge Monica Bhattacharyya ruled in January that Apple had violated Masimo’s patent by importing and selling Apple Watches with the technology. Apple first used the pulse oximeter sensor in its Apple Watch Series 6 in 2020 and has continued to use it since.

Apple to appeal ruling, stating Watch is a ‘potentially life-saving product’

Apple vowed to appeal the Apple Watch ban.

“Masimo has wrongly attempted to use the ITC to keep a potentially life-saving product from millions of U.S. consumers while making way for their own watch that copies Apple,” an Apple spokesperson said in a statement. “While today’s decision has no immediate impact on sale of Apple Watch, we believe it should be reversed.”

Masimo is a medical technology company that produces monitoring technologies across the industry. The company says its mission is to improve medical outcomes, reduce the cost of care and improve life.

A federal judge in California removed claims from a class action lawsuit accusing Apple of knowingly selling Apple Watches with a defect that causes their screens to shatter. 

Do you have an Apple Watch with light-based oximetry? What do you think of the Apple Watch patent dispute? Let us know in the comments.

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