Masimo Sues Customs Over Apple Watch’s Restored Oxygen Tool (1)

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US Customs and Border Protection unlawfully let Apple Inc. reactivate a blood-oxygen tracking feature on Apple Watches that infringes patents for the technology, Masimo Corp. said in a federal lawsuit.

CBP exceeded its authority in an Aug. 1 internal advice ruling that overturned its own January decision without notice or input from Masimo, the medical-device maker said in a complaint filed Wednesday in the US District Court for the District of Columbia. Masimo brought claims under the Administrative Procedure Act and the Fifth Amendment’s due process clause.

Apple announced Aug. 14 that software updates would restore the blood-oxygen feature for US Apple Watch owners by shifting calculations to paired iPhones rather than the watch itself. Masimo said that was the first time it learned CBP had quietly reversed course two weeks earlier in an ex parte ruling, despite the agency’s policy that such decisions normally require both…

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