If you thought the Masimo/Apple fight over the blood oxygen feature in the app was over when Apple released a workaround last week, you were wrong. Masimo has apparently filed a new complaint in the US District Court for the District of Columbia. Here’s why and who’s getting sued:
This action challenges an unlawful August 2025 ruling by U.S. Customs and Border Protection (“CBP”) allowing Apple Inc. (“Apple”)—via an ex parte process—to bypass a Limited Exclusion Order (“LEO”) from the U.S. International Trade Commission (“ITC”) that prohibits the importation of Apple Watch products that infringe Masimo Corporation’s (“Plaintiff” or “Masimo”) patents.
And:
It has now come to light that CBP thereafter reversed itself without any meaningful justification, without any material change in circumstances, and without any notice to Masimo, let alone an opportunity for Masimo to be heard. CBP changed its position on Apple’s watch-plus-iPhone redesign through an ex parte proceeding. Specifically, on August 1, 2025, CBP issued an3 ex parte ruling permitting Apple to import devices that, when used with iPhones already in the United States, perform the same functionality that the ITC found to infringe Masimo’s patents. Masimo only discovered this ruling on Thursday, August 14, 2025, when Apple publicly announced it would be reintroducing the pulse oximetry functionality through a software update.
Masimo now wants a temporary restraining order and preliminary injunction to block the CBP’s decision, and they also want the original ruling reinstated. It will be interesting to see if any of that actually happens. But what is clear is that this fight is far from over.
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This entry was posted on August 20, 2025 at 7:10 pm and is filed under Commentary with tags Apple. You can follow any responses to this entry through the RSS 2.0 feed.
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BREAKING: Masimo Sues The US CBP Over Apple Bringing Back The Apple Watch Blood Oxygen Feature In The US
If you thought the Masimo/Apple fight over the blood oxygen feature in the app was over when Apple released a workaround last week, you were wrong. Masimo has apparently filed a new complaint in the US District Court for the District of Columbia. Here’s why and who’s getting sued:
This action challenges an unlawful August 2025 ruling by U.S. Customs and Border Protection (“CBP”) allowing Apple Inc. (“Apple”)—via an ex parte process—to bypass a Limited Exclusion Order (“LEO”) from the U.S. International Trade Commission (“ITC”) that prohibits the importation of Apple Watch products that infringe Masimo Corporation’s (“Plaintiff” or “Masimo”) patents.
And:
It has now come to light that CBP thereafter reversed itself without any meaningful justification, without any material change in circumstances, and without any notice to Masimo, let alone an opportunity for Masimo to be heard. CBP changed its position on Apple’s watch-plus-iPhone redesign through an ex parte proceeding. Specifically, on August 1, 2025, CBP issued an3 ex parte ruling permitting Apple to import devices that, when used with iPhones already in the United States, perform the same functionality that the ITC found to infringe Masimo’s patents. Masimo only discovered this ruling on Thursday, August 14, 2025, when Apple publicly announced it would be reintroducing the pulse oximetry functionality through a software update.
Masimo now wants a temporary restraining order and preliminary injunction to block the CBP’s decision, and they also want the original ruling reinstated. It will be interesting to see if any of that actually happens. But what is clear is that this fight is far from over.
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This entry was posted on August 20, 2025 at 7:10 pm and is filed under Commentary with tags Apple. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.