Apple Watch Ultra 2
Apple’s software fix to disable a blood oxygen sensing feature in the Apple Watch could be enough to thwart the ITC import ban, U.S. Customs and Border Protection has determined.
A Monday Federal Circuit filing from Masimo refers to a January 12 decision by the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection. The filing, spotted by 9to5Mac, explains that the branch has “decided that Apple’s redesign falls outside the scope of the remedial orders in the ITC investigation underlying Apple’s appeal.”
As part of the request, Apple claimed “its Redesigned Watch products definitely (1) do not contain pulse oximetry functionality,” the Masimo filing quotes.
However, since Apple maintained that some of the information in the proceeding is confidential, Masimo didn’t provide a copy of the decision in the filing. No public release of the filing exists either.
Ultimately, Masimo’s attorneys explain, the “EOE Branch decision finding the redesign outside the scope of the remedial orders would eliminate any irreparable harm alleged by Apple.”
