In the Press
February 11, 2023

Firms Seek ‘Burst of Sunshine’ at ITC After Gloomy Year (Managing IP)

Professionals

ITC filings so far this year are down on 2022, but sources say a ruling against Apple shows the forum still has its perks Medical device company Masimo’s win against Apple at the US International Trade Commission could be a good sign for firms that are hopeful of an uptick of work at the forum, counsel tell Managing IP. The ITC issued a limited exclusion order against Apple on October 26. The decision could ban the tech company from importing Apple Watches into the US on the grounds that they infringe two Masimo patents for pulse oximetry technology. President Joe Biden has 60 days from October 26 to veto the ban. Mark Abate, Intellectual Property Litigation partner in New York, notes to Managing IP that the high-profile nature of the case could work in Apple’s favour during the presidential review period. He adds that Apple could also be working on a way to produce its watches without infringing the patents at issue so that it could still import them.