Here’s Apple’s 916-page appeal against the Apple Watch ban

There was little doubt that Apple would appeal when the International Trade Commission banned sales of the Apple Watch Series 9 and Ultra 2 last year. Well, if you have the time, you can now read all 916 pages of Apple’s appeal to the Federal Circuit.

A quick recap: The Apple Watch ban focuses on whether Apple infringed on medical device maker Masimo’s pulse oximeter patent. The ITC sided with Masimo, concluding that Apple infringed their patents and that this infringement harmed the domestic industry.

The ITC is a court-like agency that often deals with imported “items” that may or may not violate intellectual property laws. The word “article” is more important than you think because the statute that created the ITC provides that it has jurisdiction over “articles.”

Not to get too deep into it, but much of Apple’s appeal revolves around the debate: What is a domestic industry? And which articles? Not only is Masimo primarily known for its clinical pulse oximeters, but it didn’t even have a true smartwatch at the time the complaint was filed, the appeals brief said.

The smartwatch in question is Masimo’s W1 smart watch, launching in 2022. Masimo filed a lawsuit with the ITC in 2021, and according to Apple’s brief, Masimo only provided CAD drawings as evidence.In the 2015 case ClearCorrect Operating, LLC v. International Trade Commission, the Federal Circuit Court ruled that 3D models sent over the Internet did not count as “articles” and were not subject to the jurisdiction of the ITC. Basically, Apple is trying to argue that there was no real case at the time of the ITC suit…—no watches, no “articles,” no domestic industry—and therefore the ban should be struck down.

The 916 pages filed today include a 68-page brief, more than 300 pages of ITC rulings under appeal, hundreds of dizzying pages from the patent office, and more.

The biggest takeaway, though, is that Apple seems concerned that if the decision stands, Masimo’s route could become an attractive strategy for others.

“If the Commission’s decision is confirmed, the doors to the agency’s ‘trade forum’ will be open to complainants who lack actual domestic industry but possess compelling creativity and CAD software. This is not what Congress intended, nor is it permitted by the statutory text. ‘s,” the briefing reads.

There is reason to worry. At least one other medical technology company, AliveCor, has petitioned the ITC to ban the Apple Watch. The ITC also ruled that Apple infringed on AliveCor’s electrocardiogram technology and issued an import ban.Biden also Refuse to veto the banbut AliveCor is currently appealing a ruling by the Patent Trial and Appeal Board that its technology is not actually patentable.

For now, Apple has bypassed the import ban Modified version for sale Issue with Apple Watch Series 9 and Ultra 2 disabling blood oxygen technology. It may be a long time before we see any resolution.