Late last month, Apple made initial preparations to halt the sale of certain models from its Apple Watch series in light of limited exclusion and cease-and-desist orders from the International Trade Commission (ITC), which became final and enforceable on December 26. The orders arose from an ITC action filed by Masimo and Cercacor Laboratories over Apple Watches that perform pulse oximetry. Apple has appealed from the final determination of the full ITC, asking the Federal Circuit for a stay of those remedial orders pending resolution of that appeal. On December 27, 2023, the Federal Circuit granted Apple’s emergency motion for an “interim stay” while it takes up Apple’s motion for the more fulsome stay.
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