Apple’s Series 9 and Ultra 2 watches face import restrictions due to a patent infringement dispute with Masimo
In a Monday court filing, US Customs and Border Protection declared that Apple’s overhauled Apple Watch is exempt from the import ban imposed by the US International Trade Commission (ITC). The ban, linked to a patent infringement disagreement with medical-monitoring technology company Masimo, pertains to Apple’s existing Series 9 and Ultra 2 watches.
The ITC prohibited Apple from importing and selling Apple Watches equipped with blood-oxygen level reading technology, citing allegations of patent infringement by Masimo. Apple introduced the pulse oximeter feature in its smartwatches starting with the Series 6 Apple Watch in 2020.
Apple temporarily halted the sales of its latest Series 9 and Ultra 2 watches in the United States just before Christmas in response to the ITC decision. However, these watches remained accessible through other US retailers such as Amazon, Best Buy, Costco, and Walmart.
Although the ban officially commenced on December 26, Apple successfully persuaded a US appeals court to temporarily suspend the ban the following day. The company has since resumed the sale of the watches while challenging the import ruling.
Apple contended that a potential redesign would render previous findings of patent infringement on blood-oxygen reading by Masimo irrelevant. The specifics of the redesign, not publicly disclosed by Apple, may include updates to the watches’ software.
The Customs agency’s determination is subject to reversal if the ITC disputes it.
Masimo alleges that Apple recruited its employees and unlawfully appropriated its pulse oximetry technology for use in Apple Watches. In response, Apple has filed a countersuit, characterizing Masimo’s legal actions as a strategic move to eliminate obstacles for its own rival smartwatch.