Apple is pushing to overturn a federal trade ruling that forced it to strip blood-oxygen sensing features from its newer Apple Watches and halt their U.S. imports. On Monday, Apple appeared before the U.S. Court of Appeals for the Federal Circuit in Washington, seeking to reverse the U.S. International Trade Commission’s (ITC) 2023 decision that favored medical device company Masimo.
The ITC had found Apple in violation of Masimo’s patents covering pulse oximetry technology. That decision led to an import ban on the Apple Watch Series 9 and Ultra 2, prompting Apple to briefly pull both models from U.S. stores in late December. Apple resumed sales after securing a temporary pause, but when the court reinstated the ban in January 2024, the company had to disable the blood-oxygen feature in all newly sold U.S. models.
Don’t miss the best of The Mac Observer
Set us as a preferred source and our Apple reporting ranks higher in your Google Search results and Discover feed — one tap, no account changes.
Masimo vs. Apple: Patent Dispute at Center of Ban
Masimo’s legal battle with Apple began in 2021. The California-based medical tech firm accused Apple of misusing its technology after early talks about a possible partnership. It also claimed Apple hired away key employees and used trade secrets to develop the blood-oxygen feature in the Apple Watch Series 6, released in 2020.
Masimo released its own wearable, the W1 watch, in 2022. Apple argues that Masimo had no finished product in the market when it filed its ITC complaint. According to Apple, the commission should not have issued an import ban based on prototype devices.
Judges Press Masimo on Timing and Justification
During oral arguments on Monday, Apple attorney Joseph Mueller said the ban wrongly “deprived millions of Apple Watch users” of a vital health feature. He argued that Masimo lacked a competing smartwatch at the time of its complaint and suggested the lawsuit was an attempt to clear space for its own product.
Reuters reports that the judges questioned whether Masimo’s entry into the market after Apple introduced the feature undermines the case for an import ban. Masimo’s attorney, Joseph Re, pushed back, saying that U.S. patent law does not require a finished product to justify enforcement.
The case is Apple Inc v. ITC, U.S. Court of Appeals for the Federal Circuit, No. 24-1285. Apple is represented by Joseph Mueller of WilmerHale. Masimo is represented by Joseph Re of Knobbe Martens Olson & Bear. Ronald Traud appeared for the ITC.
Having a medical background, I am hoping Apple wins this law suit on the Oxygen blood sensor ban. I have used it constantly since Open Heart surgery in 2023. It is a great marker of health. I recently bought the latest Apple Watch and am disappointed that it is no longer on my health ap. I am currently in a Research study for Mayo Hospital, using the Apple Watch. Mayo, St Jude’s and other Research institutes share their info worldwide for better health for all of us. Praying this will be resolved soon!!! M
Apple: I (we) NEED this feature in our health app!!!! You must get this resolved NOW.
PS: I’d like to buy a new watch, but won’t without oxygen levels.