U.S. Customs and Border Protection determined that Apple’s software fix to disable the Apple Watch’s blood oxygen sensing function was sufficient to overturn the ITC’s import ban.
The Apple Watch Series 9 and Apple Watch Ultra 2, among other models, are the subject of an ITC import ban currently suspended due to complaints of patent infringement from Masimo. However, Apple attempted to circumvent the ban with modifications that appeared to be enough for U.S. Customs to allow imports to continue.
A Federal Circuit filing Monday by Masimo cited the Jan. 12 decision by the U.S. Customs and Border Protection Exclusion Order Enforcement Division. The document, discovered by 9to5Mac, explains that the department "determined that Apple's redesign does not fall within the scope of the ITC investigative remedial order that Apple is appealing from."
As part of the request, Apple claimed that "its redesigned watch products certainly (1) do not include pulse oximeter functionality," Masimo's filing cites.
However, Masimo did not provide a copy of the decision in the filing because Apple insists that some information in the proceedings is confidential. The document has also not been released publicly.
Ultimately, Masimo's attorney explained, "the EOE Division's decision that the redesign is not within the scope of the remediation order will eliminate any irreparable harm claimed by Apple."