Austin Associate Brandon Fahrenfort authored an article published by IAM titled "Masimo's Customs and Border Protection suit could reshape USITC litigation strategy." The article highlights a long-running patent fight between Apple and Masimo over smartwatch technology is testing the limits of U.S. intellectual property enforcement for imported goods. After the ITC banned Apple Watches with blood oxygen monitoring, Apple reintroduced the feature by shifting calculations to the iPhone, securing a rare ex parte Customs and Border Protection (CBP) ruling that allowed imports without Masimo’s knowledge. Masimo sued CBP, arguing the agency overstepped its authority and violated the Administrative Procedure Act. The case raises novel questions about agency discretion, judicial review after the Supreme Court’s Loper Bright decision, and whether the APA can be used to challenge ITC exclusion orders. Depending on the outcome, the dispute could reshape enforcement tactics and create new avenues, or risks, for litigants.
The full article can be found here.
