Apple’s lengthy appeal to the ITC’s Apple Watch ban has dropped, and it’s clear the company is concerned rivals will follow Masimo’s strategy in turning to the ITC.
There was no question that Apple would appeal when the International Trade Commission banned Apple Watch Series 9 and Ultra 2 sales last year. Well, if you’ve got some time, you can now read all 916 pages of Apple’s appeal to the Federal Circuit. A quick recap: the Apple Watch ban centers around whether Apple infringed upon medical device-maker Masimo’s pulse oximetry patents.
International Trade Commission, the Federal Circuit ruled that 3D models sent over the internet don’t count as “articles,” and aren’t subject to ITC jurisdiction. Basically, Apple’s trying to argue that there was no real case at the time the ITC complaint was filed — no watches, no “articles,” no domestic industry — and therefore the ban should be thrown out.
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