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Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court
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As expected, the ITC should have waited until courts could sort out the patent issues.
I never understood the timing of all of this either. The ITC isn't a body that rules on patents right? So why would they be ruling on this without any clarity on the infringement part?
And catapulted people to the White House. Go figure.
The ITC hears patent disputes under section 337, which was designed to protect US industry from outside violations.
The only reason they are involved is because Apple manufactures the watches outside the US and ships them here. If they were produced in the US, the ITC wouldn't be involved.
Intellectual Property Developments | United States International Trade Commission
The United States International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that fulfills a range of trade-related mandates. We provide high-quality, leading-edge analysis of international trade issues to the President and the Congress. The Commission is a...
www.usitc.gov
Funny how big business can get an appeal heard or seen so quick. Try that with a smaller business you’ll be waiting months.
James
James
Because it is a US entity despite the misleading name
The appeal wasn't heard, an emergency injunction was which is common for small and big companies
The ITC is one of the fastest courts in the US, and this wasn't a hearing.
The current ruling/ban is for future AWs, has no implication to AWs already sold.
One of the following:
D947,842
D962,936
D735,131
Edit: Nevermind...those are Apple patents in a counter-suit to Masimo.
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That what I'm thinking but some on here think Apple will release an update to disable for all.
The likelihood of Apple having two separate software versions based on sale date is very low IMO.
So you think Apple is going to have two different versions of watchOS based on date of sale?
The courts arguably had - they invalidated three of Massimo's five patents and failed to invalidate the other two due to a hung juror.
I could see Massimo feeling they were in trouble pursuing the matter through the courts based on how their patents were being invalidated and went to the ITC to see if they could get relief via an import ban, presumably to put pressure on Apple to settle.
my point is how many lawyers Company A has to hire in order to find such flaw? I never knew you could "ban" the "ban" temporarily. Can Company B file try to ask ITC or cournt to unban the ban of the ban? lift the ban of the ban so Company A can be banned as they expected? I am so confused about all these rules, can't believe our legislators and lawyers in the United States are doing nothing but benefit themselves and know how to play around the rules they created and leave all the back doors for themselves. Who is going to protect us? didn't Company B's CEO said he believes even the world largest company is under such broken law? lol... what a drama
Very easy to do based on serial number, where sold etc. They did this for years with the EKG sensor based on country. I don't think they will disable it for the ones sold etc or they would have a legal mess on their hands.
Most of the time companies do both at the same time.
ITC is the big hammer generally to force a company like Apple to the table as big companies can tie up things in court for so long that the company suing is bankrupt or the case is no longer relevant. ITC is more like a stop bleeding to the company’s who patents they feel is used with out permission and faster.
The regular courts need to be faster option instead of taking years like it does now.
Yea, I know, in case that were to happen, I’d be one of the first to sue Apple for disabling a feature I paid for, and all of those who say this feature is “minimal” and “I don’t use it anyway” will be right there too.