by Dennis Crouch
In January 2024 a then-secret order from US Customs and Border Protection (CPB) had a major impact in the Masimo v. Apple case. That opinion from CBP's Exclusion Order Enforcement (EOE) Branch has now been released in redacted form and provides some insight into how Apple was able to quickly modify its Apple Watch designs to avoid the ITC's limited exclusion order that would have blocked import of the infringing devices. The CBP EOE ruling determined that Apple's redesigned watches, which disabled the infringing pulse oximetry functionality, were sufficiently modified to fall outside the scope of the ITC's exclusion order, allowing them to be imported and sold in the US.
