The Apple Watch Ban Explained: Why Blood Oxygen Tech is Off the Table This Christmas

By Noorhan Elsaghir*

PDF Available

Getting your hands on an Apple Watch with blood oxygen-sensing technology might be challenging this Christmas. Just last December, the U.S. International Trade Commission (ITC) found that Apple’s blood oxygen reading in their smartwatches infringed on Massimo’s patents^[1]. The result? The UTC banned Apple from importing the Apple Series 9 and Ultra 2 smart watches^[2]. The court lifted the ban’s stay, meaning that Apple still cannot import watches with the disputed blood technology^[3].

      This all began in 2020 when Masimo, a medical device brand, brought a suit against Apple for trade theft and patent infringement of 17 patents^[4]. Masimo claimed that Apple hired Masimo employees in 2013 and 2014 who inappropriately shared Masimo trade secrets with Apple^[5]. It is presumed that Apple used this information to create the Apple Watch Series^[6]. The court threw out most of Masimo’s claims regarding trade secret^[7], but Masimo was fighting this issue on many fronts.

In June of 2021, Masimo filed a complaint with the ITC claiming that Apple’s pulse oximeter technology infringed on it’s patents^[8]. The Commission agreed and issued a ban on October 26, 2023, on the Apple Watch Series 6, 7, 8, and 9^[9]. Apple appealed this and is waiting to hear back.

In response to the trade secret case filed by Masimo, Apple countersued Masimo for patent infringement^[10]. Just last week, the jury decided that jury decided that Masimo’s devices had infringed on Apple Watch patents^[11]. The Jury found for Apple and against Masimo on infringement of Masimo’s W1, Freedom, and health module and charger, awarding Apple only $250 in damages^[12] . This is the statutory minimum for infringement in the United States^[13]. The jury issued a verdict in favor of Masimo in nearly all the issues except for two^[14]. The jury’s mixed verdict did not stop either party as the litigation continued^[15] .

Last week, the two brands met in California court for a bench trial^[16]. Masimo is not seeking monetary damages this time, but their argument remains. Masimo wants an injunction against the Apple Watch, as the ITC ban is separate from this case^[17].

So, until we hear back from the California bench trial or the ITC, Apple cannot sell any watches with this patented blood oxygen sensing technology in the United States^[18]. In the meantime, they have been selling versions of the smartwatches without the blood oxygen sensing technology.

* J.D. Candidate, Class of 2026, Sandra Day O’Connor College of Law at Arizona State University

[1] Emma Roth, Apple Watch ban: everything you need to know, theverge (Oct. 25, 2024), https://www.theverge.com/24009254/apple-watch-itc-ban-patent-dispute.

[2] Id.

[3] Id.

[4] Julie Clover, Apple’s Trade Secret Battle with Masimo Over Pulse Oximetry Technology Ends in Mistrial, MacRumors (May 1, 2023), https://www.macrumors.com/2023/05/01/apple-masimo-trade-secret-lawsuit-mistrial/.

[5] Id.

[6] Id.

[7] Id.

[8] Christopher Yasiejko, Apple Watch Imports Set for Christmas Ban After Masimo Win, Bloomberg (Oct. 26, 2023), https://www.bloomberg.com/news/articles/2023-10-26/apple-watch-imports-set-for-christmas-ban-after-masimo-win.

[9] Id.

[10] Blake Brittain, Apple wins $250 US jury verdict in patent case over Masimo smart watches, Reuters (Oct. 28, 2024), https://www.reuters.com/legal/masimo-smartwatches-infringe-apple-patents-us-jury-says-2024-10-25/.

[11] Id.

[12] Id.

[13] 35 U.S.C. § 284

[14] Id.

[15] Christopher Yasiejko, Apple Wins $250, But Little Else, at Trial on Watch Patents, Bloomberg (Oct., 25, 2024), https://www.reuters.com/legal/masimo-smartwatches-infringe-apple-patents-us-jury-says-2024-10-25/.

[16] Juli Clover, Apple Continues Working to Get Blood Oxygen Sensing Back in U.S., MacRumors (Nov. 5, 2024), https://www.macrumors.com/2024/11/05/masimo-apple-california-trade-secret-trial/.

[17] Id.

[18] Id.