US Law Enforcement Agency Decides Apple May Use A Redesign To Avoid New Apple Watch Import Ban

Apple is allowed to create a Redesign Apple Watch Baru (photo: x @9to5mac)

"JAKARTA - A US law enforcement agency has determined that Apple can use a redesign to circumvent import bans against the latest Apple Watch model stemming from patent-violation disputes with Masimo, a medical monitoring technology company, as disclosed in court filings on Monday, January 15.

The import ban, issued by the US International Trade Commission (ITC), applies to Apple's latest series, Series 9 and Ultra 2, and initially took effect on December 26. Apple managed to convince the US Federal Court of Appeals to temporarily suspend the ban the following day, and has since resumed the sale of the watch while filing an appeal against the import decision.

Apple stated that the proposed redesign would allow them to avoid finding that the watch violated Masimo's blood oxygen reading patent. Apple has not publicly explained the redesign, which may involve a watch software update.

According to Masimo's filing on Monday to the Federal Court, Apple notified the US Customs and Excise Agency that its design-changing watches "definitely do not contain pulsed oxymmetry reading functions." Documents from Apple and the agency's decision, issued on Friday, have not been published.

"Apple's statement that its design-changing watch does not contain pulse oxymmetry is a positive step towards accountability," a Masimo spokesperson said on Monday.

Apple stated Monday that Series 9 and Ultra 2 watches with blood oxygen reading capabilities are still available.

Masimo, based in Irvine, California, accused Apple of recruiting its employees and stealing pulsed oxymmetry technology for use in Apple Watch after discussing possible cooperation.

Apple has included a pulse-oxymeter feature in its smartwatch since the Apple Watch Series 6 in 2020.

Masimo sued Apple in California that year, on charges of theft of trade secrets related to blood oxygen-level reading technology and patent violations of Masimo.

Apple retaliated against Masimo's lawsuit on charges of patent infringement, calling Masimo's legal action a "manuver to pave the way" for competitors' smartwatches. Masimo released his W1 watch, which tracks blood oxygen levels and other health indicators, in 2022.

Masimo asked ITC in 2021 to ban imports and sales of Apple Watch which allegedly violated its patents. The ITC decided on Masimo's profit last year, and the ban took effect in December.

Apple had stopped selling its newest Series 9 and Ultra 2 watches in the US ahead of Christmas due to ITC's decision, although it remains available from other retailers in the US including Amazon, Best Buy, Costco, and Walmart.

The tech company continued selling watches on December 27 after the Court of Appeals said it would temporarily suspend a temporary ban on Apple's appeals.

Apple stated Monday that the appeal is likely to take at least a year, and they expect a decision on their request to keep the ban suspended on Tuesday.

The Court of Appeal is still considering whether to continue the suspension or restore the ban, which will apply to Apple Watch Series 9 and Ultra 2 which does not have pulse oxymmetry technology on its redesign.

Apple argued that most likely they would win the appeal, and allowing the ban to remain in effect would cause heavy losses to the company, its suppliers, and the public.

Masimo stated that maintaining the suspension would harm his business and reputation and "destroy the spirit" of his scientists and engineers. The company also said in its filing on Monday that the Customs decision undermined Apple's argument that returning the ban would cause irreparable harm to the tech company.