Apple is ready to protect itself from the challenges of the U.S. Trade Commission’s investigation of patent violation in the Masimo smartwatches

“This could be a long, drawn out game of cat and mouse about whether they are violating the patents,” he said. If they’re successful at getting the product back on the market, that will be a win for them in the long term.

U.S. Customs and Border Protection is currently considering Apple’s software redesign to the watch models and is expected to make a decision by Jan. 12.

According to the court documents, Masimo tried to use its technology in Apple products, but the talks broke down.

He said Apple created a false sense of scarcity by turning a patent loss into a marketing opportunity, and the appeals court stay could be considered a “finger in the eye” for the U.

A reporter and editor who has been covering Apple for more than a decade suggests the company might have pulled some of its watches before filing the emergency request.

Masimo told NPR previously that it viewedApple’s decision to pause sales as proof that its alleged wrongdoing was true.

“I think it’s advantage Apple here, they have this piece in their favor here, and what’s more important than their jockeying in the courts is Apple’s ability to find a workaround,” Munster said.

But in a statement reported by Reuters on Tuesday, Apple said that it disagreed with the decision and resulting exclusion order and was “taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”

The ban on imports of the Series 9 and Ultra 2 versions was issued by the commission. Apple stopped stock of those products earlier this month.

The Apple Watches were found to have violated the Masimo patents by the U.S. International Trade Commission. Apple has included the feature on most of its smartwatches since 2020.

Masimo stated in a lawsuit against Apple that while at Masimo and Ceracor, Lamego had access to highly confidential technical information, as well as receiving training from its most skilled engineers and scientists. He also worked closely with the team that developed non-invasive sensors and monitors for vitals like blood oxygen levels. Then, after over 10 years of working for Masimo, Lamego expressed interest in working at Apple.

In 2018, Masimo filed a complaint against True Wearables over claims its wireless pulse oximeter infringed on Masimo’s patent. The court sided with Masimo and issued a permanent injunction against the sale of the device in December 2022.