Last month , the International Trade Commission ( ITC ) command Apple to“pause ” salesof the Apple Watch Ultra 2 and Series 9 , citing a letters patent infringement relate to those devices ’ blood oxygen detector . This was obviously a hugely negative reversal for the Cupertino company , but it did at least prove to be brief , with an ingathering court granting a middling surprising temporarystay on the bana few days afterward .
The longer - condition prospects of the Ultra 2 and serial 9 remain uncertain . Apple has requested for the Bachelor of Arts in Nursing to be paused through the entire appeal outgrowth , but the ITC for one is strongly against this . Its reaction , file Wednesday and reported by9to5Mac , phone Apple ’s slip “ decrepit and improbable ” and argues that it “ fails to establish the two most important factors in granting a hitch — the likelihood of achiever on the merits and irreparable harm . ”
Most crushingly , the ITC claims Apple ’s arguments “ amount to little more than an indisputably adjudicated infringer requesting license to continue infringing the asserted patent . ”
The ITC is probably right to aver that Apple is in little danger of suffer to make layoffs or hold bankruptcy in response to the sales forbiddance , but it ’s worth guide out that Apple is make exertion to amend its behavior . The company order the Court of Appeals that it has redesigned how the line sensing element works ; this may be enough to avoid infringing on Masimo ’s patents , but US Customs will have the final say .
9to5Mac points out that other party have until January 15 to charge responses to Apple ’s motion . The US solicitation Margaret Court will then decide whether to allow a stay on the sale Bachelor of Arts in Nursing for the entire duration of Apple ’s appeal – and if the verdict of the collection courtyard and US Customs are both unfavorable , the two equipment will disappear from store once again .
