Read on, gentlemen, lawyers. The battle over the technology for determining the oxygen content in the blood of the Apple Watch is heating up. Apple recently filed a 916-page appeal in Federal District Court in an attempt to overturn the ITC's ban on imports of Apple Watch Series 9 and Ultra 2 models into the United States. Discuss© Ferra
The ITC ruled in favor of medical device maker Masimo, saying Apple infringed patents on pulse oximetry, a technology used to measure oxygen levels in the blood. The ITC also concluded that this violation caused harm to the domestic industry.
Apple's appeal is based on two key arguments.
Apple argues that at the time the complaint was filed, Masimo did not have a “domestic industry.” They indicate that the company was primarily involved in clinical pulse oximeters and did not have a smartwatch in the market.
Apple also claims that Masimo's only evidence is CAD drawings of its W1 smartwatch (released in 2022 ) – does not qualify as a tangible “item” under the jurisdiction of the ITC. They cite a precedent where 3D models were not considered imported goods.
Essentially, Apple argues that the ITC case has no merit due to the lack of a competing product and lack of material evidence at the time the complaint was filed. And all this on 961 pages, yes.
Apple has expressed concerns that a successful resolution of the Masimo case could set a dangerous precedent. They fear that other companies may follow their example, using the ITC process to attack competitors using “creativity and CAD” instead of real presence in the market.