Apple vs Masimo
Apple turns over an estimated 17 billion dollars a year with its smartwatches. However, it is precisely this product area that is causing Apple increasing problems. The American medical technology company Masimo sells, among other things, a wearable device for non-invasive blood oxygen measurement. When Apple launched its new smartwatches with integrated blood oxygen measurement on the market, Masimo saw this as an infringement of its intellectual property rights and took legal action against Apple. As a result, the USITC (United States International Trade Commission) issued an exclusion order against Apple on October 26, 2023, prohibiting the import of the aforementioned smartwatches into the USA. In response, Apple applied for a temporary stay of the exclusion order in order to modify the smartwatches in question so that they no longer infringe Masimo's intellectual property rights. In an official statement from Masimo dated January 15, 2024, it has now been determined that the USITC declares an adaptation of Apple's smartwatch, which no longer has a blood oxygen measurement function, to be permissible. This means that Apple may introduce the smartwatches in question without the protected blood oxygen measurement function. Even though Apple's application has not yet been published for reasons of confidentiality, this appears to be a success for Masimo.