There are two new developments in Apple’s ongoing legal battle with health technology company Masimo over the Apple Watch’s blood oxygen feature.

First, an ITC Administrative Law Judge Monica Bhattacharyya found in an initial determination that Apple’s redesigned version of the Apple Watch’s blood oxygen feature does not infringe Masimo’s patents.

Second, the Federal Circuit has affirmed the ITC’s initial exclusion order, meaning the original version of the blood oxygen feature on Apple Watch is still banned in the United States.

In an initial determination filed on Wednesday, Administrative Law Judge Monica Bhattacharyya wrote that there is “no underlying act of direct infringement” on Masimo patents by the redesigned version of Apple Watch’s blood oxygen feature, even when paired with an iPhone. The ITC first announced its proceeding last November, three months after Apple launched the redesigned version of the feature in the US.

As a refresher, Apple’s redesigned version of the feature moves most of the process to the iPhone rather than the Apple Watch. You still start a blood oxygen reading on Apple Watch itself, but you must view the results on your paired iPhone. You cannot view those results on your Apple Watch itself.

Judge Bhattacharyya’s determination is an initial, recommended determination. It now goes to the full ITC Commission for a final determination.

In a statement to 9to5Mac, an Apple spokesperson praised the decision from Judge Bhattacharyya:

“We thank the Administrative Law Judge for her careful consideration, and are pleased with the decision. For six years, Masimo has brought dozens of false claims against Apple, nearly all of which have been rejected. We will continue innovating to create industry-leading health, wellness, and life-saving features for our users.”

The second development is that the United States Court of Appeals for the Federal Circuit today affirmed the original ITC decision from 2023.

This is the exclusion order that first forced Apple to halt Apple Watch sales in the US briefly in December 2023. A few weeks later, Apple resumed selling Apple Watch in the US, but with the blood oxygen feature disabled.

With today’s decision by the Federal Circuit, that exclusion order remains in place. Apple is permitted to continue selling the Apple Watch with the redesigned version of the blood oxygen feature in the US, but it cannot restore the original version of the feature.

In a statement to 9to5Mac, an Apple spokesperson said:

“We disagree with this decision and are evaluating all avenues for further review. We innovate every day to develop industry-leading health, wellness, and safety features, and will continue working to provide our users the best products and services in the world.”

The company says that it believes the ruling is misguided and it is evaluating avenues for additional review. Again, there is no impact on the ability for users’ to use the current blood oxygen feature available in the United States today.

(h/t IP Fray)