Masimo Sues US Customs Regarding Apple Watch Import Approval

Apple Watch with the technology of readers of oxygen levels in the blood (photo; x @sepangrit)

JAKARTA - The medical monitoring technology company, Masimo, sued the United States Customs and Border Protection Agency (US Customs and Border Protection) on Wednesday, August 20. The lawsuit follows the agency's decision to allow Apple to import Apple Watch with blood oxygen content reader technology amid a patent dispute between the two companies.

In a lawsuit filed in Washington federal court, DC, Masimo stated that Customs and Excise inappropriately determined that Apple could import watches with pulse oximetry (pulse and oxygen measurementr in the blood) technology. This decision reverses their own decisions from last year without notification to Masimo.

Masimo told the court that they only found out about the agency's decision on August 1 after Apple announced it would bring back the features of readers of blood oxygen levels in their watches last week.

A spokesman for Apple and US Customs did not immediately respond to a request for comment. A spokesman for Masimo declined to comment.

Irvine-based Masimo, California, has accused Apple of recruiting their employees and stealing pulse oximetry technology for use in Apple Watch. Masimo has also sued Apple separately for patent infringement and theft of trade secrets in cases still ongoing in federal courts.

In 2023, Masimo succeeded in persuading the US International Trade Commission (ITC) to block imports of Apple Watch Series 9 and Ultra 2. This decision is based on the determination that Apple's technology to read oxygen levels in the blood violates Masimo's patents.

Since ITC's decision, Apple has continued to sell redesigned and approved watches for Customs without fiturpulse oximetry.

Apple said on August 14 that it would bring back the ability to read oxygen levels in the blood in their smartwatches with approval from Customs and Excise. Masimo stated that the agency's decision to approve the watch without input from Masimo or "meaning justification" had revoked the rights of their company.

"The CBP function is to enforce an ITC exclusion order, not to create a gap that makes it ineffective," said Masimo.

Masimo asked the Washington court to stop the agency's decision and continue to block Apple from selling watches with oxygen gauge features in the blood.