If it were approved by the ITC, there would be no need for a secret ex parte proceeding between CBP and Apple. The CBP would simply print the updated ITC decision and hand the paper to Masimo.
Apple's own press release reads, "This update was enabled by a recent U.S. Customs ruling." I seriously doubt Apple forgot to credit the ITC.
It's seriously troubling that an enforcement agency can simply reinterpret an ITC ruling without the ITC. The fact that CBP rejected this workaround back in January 2025 and then changed their decision now, when Apple announced their investment and gifted the 24K gold trophy is even more concerning.