U.S. Customs say Apple Watch changes are enough to beat ITC ban

Affiliate Disclosure If you buy through our links, we may get a commission. Read our ethics policy . U.S. Customs say Apple Watch changes are enough to beat ITC ban Malcolm Owen | Jan 15, 2024 Apple Watch Ultra 2 1 Facebook x.com Reddit The Apple Watch Series 9 and Apple Watch Ultra 2 , among other models, are the subjects of a currently stayed ITC import ban brought about by a Masimo patent infringement complaint.

However, it seems that Apple's attempt to work around the ban with changes is enough for U.S. Customs to allow imports to continue. A Monday Federal Circuit filing from Masimo refers to a January 12 decision by the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection. The filing, spotted by 9to5Mac , explains that the branch has "decided that Apple's redesign falls outside the scope of the remedial orders in the ITC investigation underlying Apple's appeal." As part of the request, Apple claimed "its Redesigned Watch products definitely (1) do not contain pulse oximetry functionality," the Masimo filing quotes.

However, since Apple maintained that some of the information in the proceeding is confidential, Masimo didn't provide a copy of the decision in the filing. No public release of the filing exists either. Ultimately, Masimo's attorneys explain, the "EOE Branch decision finding the redesign outside the scope of the remedial orders would eliminate any irreparable harm alleged by Apple.".