April 5 (Reuters) - Apple ( AAPL ) urged a U.S. appeals
court on Friday to overturn a U.S. trade tribunal's decision to
ban imports of some Apple Watches in a patent dispute with
medical-monitoring technology company Masimo ( MASI ).
Apple ( AAPL ) told the U.S. Court of Appeals for the Federal Circuit
that the U.S. International Trade Commission's decision was
based on a "series of substantively defective patent rulings,"
and that Masimo ( MASI ) failed to show it had invested in making
competing U.S. products that would justify the order.
Representatives for Apple ( AAPL ) and Masimo ( MASI ) did not immediately
respond to requests for comment on the filing.
Irvine, California-based Masimo ( MASI ) has accused Apple ( AAPL ) of hiring
away its employees and stealing its pulse oximetry technology
after discussing a potential collaboration. Apple ( AAPL ) first
introduced pulse oximetry to its Series 6 Apple Watches in 2020.
Masimo ( MASI ) convinced the ITC on Dec. 26 to block imports of
Apple's ( AAPL ) latest-edition Series 9 and Ultra 2 smartwatches after
finding that their technology for reading blood-oxygen levels
infringed Masimo's ( MASI ) patents.
Apple ( AAPL ) temporarily resumed sales of the watches the next day
after persuading the Federal Circuit to pause the ban. The
appeals court reinstated the ban in January, leading Apple ( AAPL ) to
remove pulse oximetry capabilities from watches sold during the
appeal, which Apple ( AAPL ) has said could last at least a year.
U.S. Customs and Border Protection separately determined in
January that redesigned versions of the watches did not violate
Masimo's ( MASI ) rights and would not be not subject to the ban. Masimo ( MASI )
said in a court filing that the watches "definitively do not
contain pulse oximetry functionality."
Apple ( AAPL ) told the Federal Circuit on Friday that the ban could
not stand because a Masimo ( MASI ) wearable covered by the patents was
"purely hypothetical" when it filed its ITC complaint in 2021.
The tech giant also argued that Masimo's ( MASI ) patents were
invalid and that its watches did not infringe them.