ITC files opposition to Apple’s request to stay Apple Watch sales ban: ‘Apple presents a weak and unconvincing case’ | Technology

Apple Watch Series 7 Vs 9 Display.jpg

As expected, the ITC today filed its response to Apple’s request to stay the Apple Watch ban for the duration of Apple’s appeal of the ruling.

In its response, filed on Wednesday with the US Court of Appeals for the Federal Circuit, the ITC said that Apple’s arguments “amount to little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents.

The ITC ruled in October that the Apple Watch Series 9 and Apple Watch Ultra 2 blood oxygen sensor infringe on two patents held by medical device technology company Masimo. As 9to5Mac was the first to report, Apple was forced to briefly halt all sales of those devices in the United States last month.

The Apple Watch Series 9 and Ultra 2 then returned to the market after the US appeals court granted Apple’s request to pause the ban it awaits a decision from US Customs and Border Protection.

Apple has submitted a software redesign of the Apple Watch Ultra 2 and Apple Watch Series 9’s blood oxygen feature to US Customs and Border Protection. Apple believes that this software change avoids infringing on the two Masimo patents. That decision from US Customs is scheduled to come on January 12.

Simultaneously, Apple has also requested to pause the Apple Watch ban throughout the entire duration of the appeals process. In a filing with the court on Wednesday, the ITC opposed this request from Apple:

Appellee International Trade Commission respectfully opposes Appellant Apple Inc.’s motion for a stay pending appeal. Apple presents a weak and unconvincing case to invoke the extraordinary remedy of a stay pending appeal…

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