Masimo Sues US Customs Over Apple Watch Blood Oxygen Workaround

Last week, following a recent U.S. Customs ruling, Apple reintroduced blood oxygen monitoring to certain Apple Watch models in the U.S., sidestepping an ITC import ban stemming from its legal dispute with medical device maker Masimo. Today, Masimo fired back with a new lawsuit against the U.S. Customs and Border Protection. 9to5Mac reports: The company says US Customs and Border Protection (CBP) overstepped its authority and violated due process when it reversed its earlier decision on August 1 and allowed Apple to restore the feature. Moreover, Masimo says it found out about the decision when Apple publicly announced the return of the feature: '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 an 3 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.'

The company is now asking the court for a temporary restraining order and preliminary injunction to block the CBP's decision, and reinstate the original ruling that 'determined that Apple's redesigned watches could be imported only to the extent the infringing functionality was completely disabled.' As reported by Bloomberg Law, Masimo says the following in its supporting brief: 'Each passing day that this unlawful ruling remains in effect irreparably deprives Masimo of its right to be free from unfair trade practices and to preserve its competitive standing in the U.S. marketplace.' Masimo further argues that CBP's move 'effectively nullified' the ITC's exclusion order against Apple. Apple's appeal of that ban is still pending before the Federal Circuit.

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