“Apple infringes on other companies’ technology as well, and we believe today’s ruling will make it clear that Apple is a company that takes and repackages other companies’ innovations.” – Masimo Press release
On Tuesday, the U.S. International Trade Commission said Apple violated section 337 of the Tariff Act of 1930 by importing and selling in the U.S. an Apple Watch with light-based pulse oximetry technology that infringed the claims. Announced the accreditation of the Final Initial Decision Notice (FID)24. Masimo U.S. Patent No. 10,945,648 at 30.
According to Masimo’s press release, Apple will begin selling an Apple Watch with a pulse oximeter sensor in 2020, and has continued to use it in subsequent versions of the product ever since. The ITC notice states that Masimo found no violations of the alleged claims of his other four patents cited in the complaint.
The ITC will issue a recommendation on whether to implement an exclusion order or other remedy within 14 days of the FID.
“Today’s decision should help restore equity in the market,” Masimo CEO Joe Kiani said in a statement. “Apple infringes on other companies’ technology as well, and we believe today’s ruling will make it clear that Apple is a company that takes and repackages other companies’ innovations.”
In a Masimo complaint filed on June 29, 2021, the company alleges that Apple first met with Masimo about integrating Masimo’s technology into the Apple Watch in 2013 and subsequently “started with Masimo’s chief medical officer. In the fall of 2020, Apple announced a Series 6 made in Asia.” The complaint alleges that the sale and importation of the device not only infringes Masimo’s patents, but also , which incorporates Masimo’s trade secrets, and the parties have filed separate lawsuits.
Furthermore, Masimo argues that the Apple Watch does not pose a public health or welfare hazard because the Apple Watch’s blood oxygen readings are actually unreliable.[s]Some have even realized that the Series 6 watch’s inaccurate physiological readings are endangering public health. “
The notice issued on January 6 indicated that the commission would not reconsider the administrative law judge’s initial decision, with a target date of May 10, 2023 to complete the investigation.
Pulse oximeters have become popular as a way to remotely monitor a patient’s blood oxygen levels during the COVID-19 pandemic. Masimo has also released its own wearable device, his Masimo W1™. It is “the first wearable device on the market to provide consumers with accurate and continuous health data such as oxygen levels, hydration index, pulse, heart and breathing rate.”
