Last month, the International Trade Commission (ITC) asked Apple to “suspend” sales of the Apple Watch Ultra 2 and Series 9, citing patent infringement related to the devices’ blood oxygen sensors. This was obviously a hugely damaging setback for the Cupertino company, but it at least proved to be brief, with an appeals court granting a somewhat surprising temporary reprieve from the ban a few days later.
The longer-term prospects for the Ultra 2 and Series 9 remain uncertain. Apple has requested that the ban be stayed throughout the appeal process, but the ITC strongly opposes it. Its response, filed Wednesday and reported by 9to5Mac, calls Apple’s case “weak and unpersuasive” and says it “fails to demonstrate the two most important factors in granting a stay: the likelihood of success on the merits and the irreparable harm”.
Even more serious, the ITC asserts that Apple’s arguments “amount to little more than an indisputably adjudicated infringer seeking permission to continue infringing the asserted patents.” »
The ITC is probably correct that Apple is unlikely to have to make layoffs or declare bankruptcy in response to the sales ban, but it is worth emphasizing that Apple is working to change its behavior. The company told the Court of Appeal that it had redesigned how the blood sensor worked; This may be enough to avoid infringing on Masimo’s patents, but US customs will have the last laugh.
9to5Mac points out that other parties have until January 15 to file responses to Apple’s motion. The US appeals court will then decide whether or not to authorize the suspension of the sales ban for the duration of Apple’s appeal. And if the verdict of the court of appeal and that of the American customs are both unfavorable, the two devices will disappear from stores again.
