Overview

• Apple presented oral arguments on July 7 before the U.S. Court of Appeals for the Federal Circuit to challenge the ITC’s import ban.
• Apple’s attorney contended that Masimo’s prototypes lacked commercialization in 2021 and should not have supported a trade exclusion order.
• Masimo’s counsel countered that the ITC does not require a finished product to enforce patent rights at the border.
• The ITC ruled in October 2023 that Apple infringed Masimo’s blood-oxygen sensing patents, prompting Apple to disable the feature on Series 9 and Ultra 2 watches in early 2024.
• A Federal Circuit decision expected later this year could redefine how undeveloped technologies affect import bans and patent enforcement.