Medical technology company Masimo on Wednesday filed a lawsuit over the U.S. Customs and Border Protection agency’s decision to allow Apple to once again offer blood oxygen monitoring on its Apple Watch, albeit in a revamped form.
Bloomberg Law reports Masimo filed a lawsuit on Wednesday in the US District Court for the District of Columbia, alleging that the agency exceeded its authority, when it ruled that Apple can resume import Apple Watches with the technology re-enabled, without notifying Masimo.
The medical device company claims it didn’t find out about the ruling until August 14, when Apple made the announcement that the blood oxygen monitoring feature would return via a software update. The CBP had made an ex parte ruling on August 1, even though the agency traditionally requires hearing from both sides before making such a decision.
On August 14, Apple released iOS 18.6.1 and watchOS 11.6.1, which brought a “redesigned” blood oxygen feature back to affected Apple Watch models. The restored feature relies on the a paired iPhone to process the Blood Oxygen sensor data from the Apple Watch. Results are then viewed in the Respiratory section of the Health app, instead of on the Apple Watch’s display, as it had done before.
In the announcement, Apple assured owners of previously purchased Apple Watch units that still had working blood oxygen monitoring that their Watches won’t be affected. “There will be no impact to Apple Watch units previously purchased that include the original Blood Oxygen feature, nor to Apple Watch units purchased outside of the U.S.,” the company’s announcement said.
While Apple believes the new method takes advantage of a loophole in Masimo’s patents, while Masimo has long held that the Apple Watch’s sensor hardware infringes on its patented tech, and that a software fix doesn’t resolve the issue.
Masimo is seeking a temporary restraining order and preliminary injunction blocking the U.S. Customs and Border Protection agency’s decision, saying, “CBP’s function is to enforce ITC exclusion orders, not to create loopholes that render them ineffective.”