Nov 14 (Reuters) - The U.S. International Trade
Commission decided on Friday to hold a new proceeding to
determine whether imports of Apple's ( AAPL ) updated Apple
Watches should be banned as part of a patent dispute with
medical monitoring technology company Masimo ( MASI ).
The ITC said in an order that it would investigate whether Apple
Watches that were redesigned to circumvent a previous import ban
issued by the commission still infringe Masimo ( MASI ) patents covering
blood-oxygen measurement technology.
The commission set a target to finish the investigation within
six months. Spokespeople for Apple ( AAPL ) and Masimo ( MASI ) did not
immediately respond to requests for comment.
The case is part of a contentious, multi-front patent fight
between Apple ( AAPL ) and Masimo ( MASI ), an Irvine, California-based medical
monitoring technology company that has accused the tech giant of
hiring away its employees to steal its pulse-oximetry
innovations.
The commission blocked imports of Apple's ( AAPL ) Series 9 and Ultra 2
smartwatches in 2023 after finding that Masimo's ( MASI ) patents were
infringed. Apple ( AAPL ) removed blood-oxygen reading technology from
its watches to avoid the ban, but reintroduced an updated
version of the technology in August with approval from U.S.
Customs and Border Protection.
Masimo ( MASI ) has sued Customs over the approval, while Apple ( AAPL ) has
separately challenged the ITC's ban at a federal appeals court.
Masimo ( MASI ) separately sued Apple ( AAPL ) in California federal court for
patent infringement and trade-secret theft. A jury in Santa Ana
is now weighing Masimo's ( MASI ) allegations that Apple ( AAPL ) owes as much as
$749 million in damages for infringing Masimo's ( MASI ) patents.
A California judge declared a mistrial in Masimo's ( MASI ) trade-secret
case against Apple ( AAPL ) in 2023 after a jury failed to reach a
unanimous verdict. Apple ( AAPL ) won a minimal $250 verdict against
Masimo ( MASI ) in Delaware last year in a countersuit over allegations
that Masimo's ( MASI ) smartwatches infringe two Apple ( AAPL ) design patents.
(Reporting by Blake Brittain in Washington)