The U.S. Customs agency has handed down its decision on whether Apple’s proposed redesign of the Apple Watch Series 9 and Apple Watch Ultra 2 is enough to circumvent infringing on two Masimo patents related to the blood oxygen sensor.
In a filing on Monday with the Federal Circuit, attorneys for Masimo say that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of” the ITC ruling. Apple’s redesign, however, is to remove the pulse oximetry features from newly sold devices.
Update: Apple says Series 9 and Ultra 2 will remain available with the blood oxygen readings for the time being while the US appeals court considers a stay during the ITC appeal period.
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