Redesigned Apple watches are not subject to import ban, US Customs says

U.S. Customs and Border Protection ruled Friday that Apple can use a new design to avoid an import ban on newer Apple Watch models due to its patent infringement dispute with medical monitoring technology company Masimo, according to a court filing Monday.

The import ban, issued by the US International Trade Commission (ITC), applies to Apple’s current Series 9 and Ultra 2 watches and initially went into effect on December 26. Apple convinced a US appeals court to suspend the ban the next day, and has since resumed sales of the watches as it challenges the import ruling.

Apple had argued that a proposed redesign would undermine findings that the watches infringe on Masimo’s blood oxygen reading patents. Apple has not publicly detailed the redesign, which could involve an update to the watches’ software.

The customs authority’s decision can be revoked if the ITC disagrees.

Masimo accuses Apple of hiring his employees and stealing his pulse oximetry technology for use in Apple Watches.

Apple has filed a counterclaim, calling Masimo’s legal action a “maneuver to clear a path” for its own competing smartwatch.

The ITC banned Apple’s import and sale of Apple Watches with technology for measuring blood oxygen levels, based on allegations that they infringed two Masimo patents. Apple has included a pulse oximeter function in smartwatches since the Series 6 Apple Watch in 2020.

Apple briefly halted sales of its latest Series 9 and Ultra 2 watches in the United States before Christmas due to the ITC decision, although they remained available at other US retailers including Amazon, Best Buy, Costco and Walmart.

The tech giant resumed sales of the watches on December 27 after the Washington-based US Court of Appeals for the Federal Circuit said it would pause the ban while it considers whether Apple’s appeal should stay the ITC’s decision.

First print: January 16, 2024 | 12:14 pm IST