Katarzyna Petru
Apple has hardly announced the "redesigned" blood oxygen measurement feature in the Apple Watch, and Masimo is bringing out the heavy artillery again. The medical manufacturer has long been battling the giant from Cupertino over patents, but this time the matter has taken an interesting turn – the lawsuit has not been filed directly against Apple, but… against the US 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 in the blood oxygen measurement feature. The case dragged on endlessly and concluded in December 2023 with a ban on importing the Apple Watch with this feature into the US market.
Apple temporarily 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 was different.
And then – surprise. Last Thursday, Apple announced that it was bringing back 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 attacking CBP?
On 1st 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 an opportunity for defence. The company only found out 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 demanding that the court suspends this change and reinstates the original ban.
The stakes are high
Masimo claims that each day of delay deprives them of realistic chances for fair competition in the US market. In practice, CBP was supposed to “neutralise” the earlier ITC ban. Meanwhile, Apple’s appeal is still pending in federal court awaiting consideration.
Will the Apple Watch get banned again?
Masimo is playing high stakes – this time not only against Apple but also against the American administration. If the court agrees to their request, Apple could once again lose the right to sell watches with blood oxygen measurement features in the USA.
The question is: will David manage to stop Goliath this time?
