Masimo Sues Apple to Ban the Apple Watch Series 6 from the U.S

July 01, 2021 | 2 minutes read

Masimo, a global medical technology company, has officially commenced a lawsuit against tech giant Apple, over a few of the features of the Apple Watch.

According to Bloomberg, the company wants Apple Watch series 6 imports to the U.S to be banned completely, mainly because the “Apple Watch Series 6” violates five Masimo patents related to blood oxygen monitoring.

The pulse oximeter that the Apple watch features monitors heart rate, EKG functions, and the amount of oxygen present in the blood using light.

Masimo initially filed a lawsuit against Apple back in January 2020, claiming that Masimo’s inventions and trade secrets were stolen and misused by Cupertino. For now, the case proceedings are under review by the  U.S. Patent and Trademark Office as Apple claimed that they didn’t cover new inventions.

Masimo also takes issue with Apple’s marketing for Apple Watch Series 6’s blood oxygen features:

Apple heavily markets that feature of the Series 6 to give the watch the appearance of a medical device,” Masimo said in the filing. “Yet, hidden from the millions of purchasers of the Series 6, Apple warns in the fine print that the blood oxygen measurements should not be relied upon for medical purposes.”

Now that the request has been filed by Masimo to ITC, Bloomberg explains what comes next:

The patents in that case are being reviewed by the US Patent and Trademark Office after Apple argued they didn’t cover new inventions. The judge put that aspect of the case on hold until the reviews are completed.

Unlike a district court, the trade agency won’t delay consideration of the patent complaint and it typically completes investigations in 15-18 months. Conversely, if Apple decides to challenge these patents as well, the patent office is likely to decline any request for a review because the ITC works so quickly.

In its complaint, Masimo further stated that even if the Apple Watch is not available in the U.S market, the public won’t be affected in any way since the pulse oximetry feature is “not essential to the public health or welfare.

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