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Title: Masimo Sues US Customs Over Apple Watch Blood Oxygen Workaround

Link: https://yro.slashdot.org/story/25/08/20/22222...

Last week, following a recent U.S. Customs ruling, Apple reintroduced blood
oxygen monitoring to certain Apple Watch models in the U.S., sidestepping an
ITC import ban stemming from its legal dispute with medical device maker
Masimo. Today, Masimo fired back with a new lawsuit against the U.S. Customs
and Border Protection. 9to5Mac reports: The company says US Customs and
Border Protection (CBP) overstepped its authority and violated due process
when it reversed its earlier decision on August 1 and allowed Apple to
restore the feature. Moreover, Masimo says it found out about the decision
when Apple publicly announced the return of the feature: "It has now come to
light that CBP thereafter reversed itself without any meaningful
justification, without any material change in circumstances, and without any
notice to Masimo, let alone an opportunity for Masimo to be heard. CBP
changed its position on Apple's watch-plus-iPhone redesign through an ex
parte proceeding. Specifically, on August 1, 2025, CBP issued an 3 ex parte
ruling permitting Apple to import devices that, when used with iPhones
already in the United States, perform the same functionality that the ITC
found to infringe Masimo's patents. Masimo only discovered this ruling on
Thursday, August 14, 2025, when Apple publicly announced it would be
reintroducing the pulse oximetry functionality through a software update."
The company is now asking the court for a temporary restraining order and
preliminary injunction to block the CBP's decision, and reinstate the
original ruling that "determined that Apple's redesigned watches could be
imported only to the extent the infringing functionality was completely
disabled." As reported by Bloomberg Law, Masimo says the following in its
supporting brief: "Each passing day that this unlawful ruling remains in
effect irreparably deprives Masimo of its right to be free from unfair trade
practices and to preserve its competitive standing in the U.S. marketplace."
Masimo further argues that CBP's move "effectively nullified" the ITC's
exclusion order against Apple. Apple's appeal of that ban is still pending
before the Federal Circuit.

Read more of this story at Slashdot.

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