Patent war escalates as Masimo sues US Customs for clearing Apple smartwatches

The New Diplomat
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By Obinna Uballa

Medical technology company Masimo (MASI.O) has filed a lawsuit against the U.S. Customs and Border Protection (CBP), accusing the agency of improperly allowing Apple (AAPL.O) to resume importing smartwatches with blood-oxygen monitoring capabilities despite an ongoing patent dispute.

The suit, reportedly filed on Wednesday in a Washington, D.C’s federal court, claims that CBP reversed its earlier decision to block Apple’s watches with pulse oximetry technology without notifying Masimo.

According to the filing, Masimo only learned of the change after Apple announced last week that the feature would return to its devices.

According to Reuters report, Masimo argues that Customs’ decision undermines the enforcement of a U.S. International Trade Commission (ITC) order issued in 2023, which barred imports of Apple’s Series 9 and Ultra 2 models for infringing Masimo’s pulse oximetry patents.

Following the ITC ban, Apple had redesigned its watches and continued sales without the feature, until the recent Customs approval.

“CBP’s function is to enforce ITC exclusion orders, not to create loopholes that render them ineffective,” Masimo stated in its complaint, accusing the agency of providing no “meaningful justification” and excluding Masimo from the review process.

The California-based company is seeking a court order to overturn CBP’s ruling and maintain the prohibition on Apple selling watches equipped with the blood-oxygen feature.

Apple and CBP have not commented on the lawsuit. Masimo also declined further remarks. The company has ongoing legal battles against Apple, accusing the tech giant of poaching employees and misappropriating trade secrets, in addition to multiple patent infringement claims.

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