Apple has appealed to a U.S. appeals court to overturn a decision by a U.S. trade tribunal that banned imports of certain Apple Watches in a patent dispute with medical-monitoring technology company Masimo.
Apple Challenges Basis of Trade Tribunal’s Decision:
In its request to the U.S. Court of Appeals for the Federal Circuit, Apple contends that the U.S. International Trade Commission’s (ITC) decision to ban the substances of some Apple Watches was flawed due to what it describes as “substantively defective patent rulings.”
Apple argues that Masimo failed to demonstrate investment in competing U.S. products that would justify the import ban.
Masimo, based in Irvine, California, has accused Apple of poaching its employees and misappropriating its pulse oximetry technology following discussions about a potential collaboration. Apple introduced pulse oximetry to its Series 6 Apple Watches in 2020.
ITC Decision and Temporary Ban:
On December 26, the ITC ruled in favor of Masimo, blocking imports of Apple’s Series 9 and Ultra 2 smartwatches due to patent infringement related to blood-oxygen level reading technology.
Apple managed to temporarily resume sales the next day after obtaining a pause on the ban from the Federal Circuit. However, the ban was reinstated in January.
Revised Watches and Customs Ruling:
In January, U.S. Customs and Border Protection determined that redesigned versions of the watches did not infringe Masimo’s patents and were not subject to the ban. Masimo confirmed that the watches no longer contained pulse oximetry functionality.
Apple’s Arguments and Counterclaims:
Apple asserts that Masimo’s patents are invalid and its watches do not infringe on them. It also challenges the validity of Masimo’s wearable covered by the patents, claiming it was “purely hypothetical” when Masimo filed its complaint with the ITC in 2021.