In October, The ITC ruled that Apple's gadgets broke Masimo patents linked to blood-oxygen measurement. That made Apple stop sales of the smartwatches just before Christmas, but a temporary lift let the firm bring the products back late last month.

The iPhone maker claimed it made a software fix to get around the row and showed the solution last week to the customs agency, which oversees stopping banned imports. Apple said that the made-over watches "clearly" do not have the technology at issue, known as pulse oximetry, according to Masimo.

Masimo says that Apple just removed the function while Apple has not publicly described the “redesign.”

It is not over yet. The customs agency’s decision could be overruled if the ITC disagrees. Masimo also accuses Apple of hiring away its employees and stealing its pulse oximetry technology to use in Apple Watches. Apple has countersued, calling Masimo’s legal actions a “manoeuvre to clear a path” for its competing smartwatch.