WASHINGTON, Aug 20 (Reuters) - Medical monitoring

technology company Masimo ( MASI ) sued U.S. Customs and Border

Protection on Wednesday over a decision by the agency that

allowed Apple ( AAPL ) to import Apple Watches with blood-oxygen

reading technology during a patent dispute between the

companies.

Masimo ( MASI ) said in the lawsuit in Washington, D.C., federal

court that Customs improperly determined that Apple ( AAPL ) can import

watches with pulse oximetry technology, reversing its

own decision from last year without notifying Masimo ( MASI ).

Masimo ( MASI ) told the court that it learned of the agency's August

1 decision only after Apple ( AAPL ) announced it would reintroduce

blood-oxygen reading to its watches last week.

Spokespeople for Apple ( AAPL ) and Customs did not immediately respond

to requests for comment. A Masimo ( MASI ) spokesperson declined to

comment.

Irvine, California-based Masimo ( MASI ) has accused Apple ( AAPL ) of hiring

away its employees and stealing its pulse oximetry technology to

use in its Apple Watches. Masimo ( MASI ) has separately sued Apple ( AAPL ) for

patent infringement and trade secret theft in ongoing federal

court cases.

Masimo ( MASI ) convinced the U.S. International Trade Commission to

block imports of Apple's ( AAPL ) Series 9 and Ultra 2 smartwatches in

2023 based on a determination that Apple's ( AAPL ) technology for

reading blood oxygen levels infringed Masimo's ( MASI ) patents.

Apple ( AAPL ) has continued to sell Customs-approved redesigned

watches without pulse oximetry since the ITC's decision.

Apple ( AAPL ) said on Aug. 14 that it would reintroduce its

smartwatches' blood-oxygen reading capabilities with approval

from Customs. Masimo ( MASI ) said the agency's decision to approve the

watches without input from Masimo ( MASI ) or any "meaningful

justification" deprived the company of its rights.

"CBP's function is to enforce ITC exclusion orders, not to

create loopholes that render them ineffective," Masimo ( MASI ) said.

Masimo ( MASI ) asked the Washington court to halt the agency's

ruling and continue to block Apple ( AAPL ) from selling watches with the

blood-oxygen feature.