Katarzyna Petru
Apple has barely announced the "redesigned" blood oxygen measurement feature in the Apple Watch, and Masimo is once again bringing out the big guns. The medical manufacturer has been in a long-standing battle with the Cupertino giant over patents, but this time the matter has taken an interesting turn – the lawsuit was not filed directly against Apple, but… against the American Customs and Border Protection (CBP).
Let’s take a step back
The story began a few years ago when Masimo accused Apple of patent infringement regarding the blood oxygen measurement feature. The case dragged on indefinitely and concluded in December 2023 with a ban on importing the Apple Watch with this feature into the US market.
Apple briefly halted sales but quickly found a workaround – the Series 9 and Ultra 2 returned to stores, albeit with the feature disabled. The hardware was the same; only the software differed.
And then – surprise. Last Thursday, Apple announced that it was reintroducing the oxygen measurement, but in a different form. Now the data is processed on the iPhone, rather than on the watch itself.
Why is Masimo targeting CBP?
On 1 August, CBP suddenly changed its mind and allowed Apple to import devices with the new version of the feature. The problem is that – according to Masimo – everything happened quietly, without notification and without the opportunity to defend itself. The company only learned of this when Apple officially announced the return of oxygen measurement.
Masimo directly accuses CBP of "without any justification and in an ex parte manner" reversing its earlier decision. It is now requesting the court to suspend this change and restore the original ban.
The stakes are high
Masimo claims that every day of delay strips them of a fair chance to compete in the US market. In practice, CBP was supposed to "neutralise" the earlier ITC ban. Meanwhile, Apple's appeal is still sitting in federal court, awaiting consideration.
Will the Apple Watch get banned again?
Masimo is going all in – this time not just against Apple, but also against the American administration. If the court approves their request, Apple might once again lose the right to sell watches with blood oxygen measurement in the USA.
The question is: will David manage to stop Goliath this time?
