Masimo: Apple Watch redesign decision upends irreparable harm argument

US Customs and Border Protection decided that Apple’s redesigned watch can be imported | Decision could impact Apple’s ongoing appeal against ITC import ban.

The US Customs and Border Protection (CBP) has decided a redesigned version of the Apple Watch can be imported following a confidential proceeding.

The decision, made by the Exclusion Order Enforcement branch of the CBP on January 12, was revealed in a notice sent to the US Court of Appeals for the Federal Circuit by Apple’s opponent Masimo, which said the new watch “falls outside the scope of the remedial orders” of the International Trade Commission’s (ITC) investigation.

Masimo, which is pursuing a US ban on the devices over alleged infringements to pulse oximeter tech, wrote to the appeals court on January 15, pointing out that the decision to allow the workaround three days earlier may impact Apple’s irreparable harm arguments.

Apple had argued that it would face irreparable harm if there was an import ban, however, a redesigned watch that has been approved for importation undermines this, according to Massimo.

“Apple’s arguments lead to the conclusion that the EOE Branch decision finding the redesign outside the scope of the remedial orders would eliminate any irreparable harm alleged by Apple,” said the med-tech company.

The details of the decision remain confidential and currently no public version of the decision exists, said Massimo.

ITC also dismisses irreparable harm claims

The ITC earlier denied Apple from delaying a ban it handed down against the import of some Apple Watches in the US. Apple has filed an appeal against the ITC’s stay decision.

In its response, filed at the Federal Circuit, January 10, 2024, the ITC claimed that Apple failed to establish the essential factors required for granting a stay—likelihood of success on the merits and irreparable harm.

It said Apple’s arguments to the appellate court amount to “little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents.”

The ITC also dismissed Apple's reliance on the expected ruling from CBP regarding redesigned Apple Watches, stating that these arguments were misplaced.

The ITC argued that a favourable ruling from CBP would not impact Apple's alleged likelihood of success on the merits and, in fact, could undermine Apple's irreparable harm argument.

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