U.S. Customs and Border Protection on Friday ordered Apple to redesign new Apple Watch models to avoid an import ban stemming from a patent infringement dispute with medical monitoring technology company Masimo, according to a court filing Monday. It was decided that it could be used.
The import ban, issued by the U.S. International Trade Commission (ITC), applies to Apple's current Series 9 and Ultra 2 watches and originally took effect on December 26th.
The next day, Apple persuaded a U.S. appeals court to suspend the ban and then resumed selling the watch while challenging the import ruling.
Apple had argued that the proposed redesign would invalidate a finding that the watch infringed a blood oxygen measurement patent belonging to Masimo.
Apple hasn't publicly explained the redesign, but it could include updates to the watch's software.
If the ITC disagrees, the customs decision may be overturned.
Massimo accused Apple of hiring employees to steal the pulse oximetry technology used in the Apple Watch.
Apple countersued, saying Masimo's legal action was a “plot to clear the way” for its smartwatch competitors.
The ITC banned Apple from importing and selling the Apple Watch, which is equipped with technology to read blood oxygen levels, for infringing two of Masimo's patents.
Apple has included pulse oximeter functionality in its smartwatches starting with the Series 6 Apple Watch in 2020.
Apple suspended sales of its latest Series 9 and Ultra 2 watches in the U.S. before Christmas due to the ITC's decision, but they remained available at other U.S. retailers including Amazon, Best Buy, Costco, and Walmart. .
The tech giant announced on Dec. 27 that it would suspend the ban while it considers whether the ITC's decision should be put on hold due to Apple's appeal. Sales have resumed.
