Masimo wants ITC to block Apple watches
Masimo wants to bar Apple from selling the Apple Watch Series 6, alleging the mobile manufacturer infringed five of its blood pressure monitoring patents.
The medtech company submitted a complaint with the US International Trade Commission (USITC) on June 29 asking the agency to prohibit the sale of the Series 6 Apple Watch in the US.
It is also seeking a cease and desist order from the ITC to stop the marketing or advertising of the watch and its components.
Masimo alleges that the Apple product infringes on five of its patents relating to light-based pulse oximetry functionality technology, a “revolutionary” method of measuring blood oxygen levels without drawing blood.
These five patents are also currently being challenged by Apple at US Patent and Trademark Office (USPTO), claiming that they do not cover new inventions and therefore are unenforceable.
This challenge has resulted in Masimo’s patent infringement suit against Apple in the US District Court for the Central District of California being put on hold, pending the completion of the review.
Appeal to ITC
Litigation between the two companies started when Masimo filed a lawsuit alleging that Apple stole trade secrets and infringed its patents with the California court in January 2020.
Apple decided to file for an inter partes review of the patents shortly after the complaint was filed, leading the court to stay the infringement claims in October 2020.
Following an amended complaint by Masimo, Apple filed a partial motion to dismiss Masimo’s trade secrets claim, which the court granted and denied in part.
This led to Masimo taking proceedings to the ITC, which will not delay consideration of patent complaints due to their expedient 15-18 month-long investigatory proceedings, according to Bloomberg.
