Masimo has filed a lawsuit against the US Customs and Border Protection (CBP) agency, alleging that it should not have allowed the import of Apple watches that were previously found to infringe on Masimo’s pulse oximetry patents.

The with the US District Court of Columbia highlights findings by the International Trade Commission (ITC) that Apple’s watches infringed on Masimo’s patents relating to its light-based pulse oximetry technology, as per an investigation in October 2023. The ITC issued a limited exclusion order (LEO) in light of the findings that prohibited the importation of Apple Watch’s featuring the technology into the US.

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Apple subsequently explored a proposed redesign to see whether it could push its watch’s oximetry feature outside the LEO’s scope. In January 2024, the CBP determined, through a process including participation from Apple and Masimo, that Apple’s redesigned watches could be imported only to the extent the infringing functionality was “completely disabled”.

However, Masimo alleges that in August 2025 the CBP “reversed itself without any meaningful justification” to allow Apple Watch imports with the oximetry functionality to continue. This occurred without giving notice to Masimo, the company claims.

On Apple’s part, it performed a workaround to the LEO. Apple Watch still collects the raw data to produce a blood oximetry reading. However, Apple allegedly moved the calculation steps that provide the reading to its iPhone handsets and display it there instead of on its Apple Watch.

According to the lawsuit, the CBP has now given the go-ahead for Apple to import devices that, when used with iPhones already in the US, perform the same functionality that the ITC found to infringe Masimo’s patents.

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Masimo said it only learned of the development on 14 August when Apple publicly announced it was reintroducing the pulse oximetry functionality through a software update.

Masimo’s lawsuit requests “declaratory and injunctive” from the District of Columbia court. In effect, the company wants the CBP to continue enforcing the ITC exclusion order “as properly interpreted” in the CBT’s prior decision in January 2025.

According to an accompanying statement seen by Bloomberg Law, Masimo stated: “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 US marketplace.”

The legal challenge by Masimo is ongoing, with no timelines to its resolution in sight. For now, Apple’s workaround appears set to remain in place. However, the patents held by Masimo for the technology at the heart of the dispute expire in 2028.

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