Masimo Fires Back: Suing US Customs to Halt Apple Watch Imports Despite Software 'Fix'

The fierce patent dispute between medical tech company Masimo and Apple has taken another dramatic turn, with Masimo reportedly filing a lawsuit against the U.S. Customs and Border Protection (CBP). This audacious legal maneuver aims to prevent the importation of certain Apple Watch models, even those equipped with Apple's recent software workaround designed to sidestep a prior import ban.

This latest escalation stems from a ruling by the International Trade Commission (ITC) which found Apple Watch models, specifically the Series 9 and Ultra 2, infringed on Masimo's patents related to blood oxygen monitoring technology.

The ITC’s decision led to a temporary import and sales ban on these devices in the U.S., a significant blow to Apple’s highly profitable wearables division.

In response to the ban, Apple implemented a software update for affected Apple Watch units, which effectively disables the blood oxygen measurement feature.

This move was intended to allow Apple to continue importing and selling the watches, arguing that without the infringing feature active, the ban should no longer apply. For a brief period, this workaround appeared to satisfy authorities, allowing sales to resume.

However, Masimo remains unconvinced and is clearly not backing down.

The company’s lawsuit against CBP asserts that Apple's software "fix" is insufficient. Masimo argues that the core infringing hardware components, which facilitate the blood oxygen measurements, are still present within the devices, regardless of whether the software activates them. From Masimo's perspective, the very presence of this patented technology within the hardware constitutes ongoing infringement.

By suing CBP, Masimo seeks to compel the agency to fully enforce the original import ban, irrespective of Apple’s software changes.

The lawsuit challenges the CBP's decision to allow the workaround-equipped watches into the country, highlighting Masimo’s unwavering commitment to protecting its intellectual property and ensuring the ban is comprehensive and effective.

This development underscores the high stakes involved in this patent battle.

For Masimo, it's about validating its innovative technology and preventing what it perceives as unfair competition. For Apple, it’s about defending a crucial feature in its flagship wearable and maintaining its market dominance in the face of persistent legal challenges. The outcome of this lawsuit could have significant ramifications for how patent disputes are handled in the tech industry, particularly concerning software workarounds for hardware infringements.

As the legal chess match continues, the future availability of certain Apple Watch models in the U.S.

remains under a cloud of uncertainty. Consumers and industry observers alike will be watching closely to see whether Masimo’s aggressive stance will force a more definitive resolution to this protracted and costly legal saga.