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Apple Watch Import Fight Deepens as Agencies Press to Toss Case
US Customs and Border Protection again urged a federal judge to dismiss Masimo Corp.'s lawsuit challenging redesigned Apple Watch imports, arguing the medical device-maker “cannot circumvent Congress’ prescribed path” for disputing the agency’s decisions.
US Customs and Border Protection again urged a federal judge to dismiss Masimo Corp.'s lawsuit challenging redesigned Apple Watch imports, arguing the medical device-maker “cannot circumvent Congress’ prescribed path” for disputing the agency’s decisions. Masimo can raise “all the same admissibility arguments” before the US International Trade Commission and, if necessary, the US Court of Appeals for the Federal Circuit, CBP said in a reply brief filed Thursday in the US District Court for the District of Columbia, supporting its dismissal bid. But Masimo can’t use the Administrative Procedure Act to get around that process in district court, it said.
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