The Facts
On Thursday, Apple resumed selling its latest Apple Watches — the Series 9 and Ultra 2 —after the US Court of Appeals for the Federal Circuit paused a ban imposed by the International Trade Commission (ITC) over an intellectual property dispute.
The decision comes days after the Biden administration declined to overturn the ITC's ruling, which became final on Tuesday.
The Spin
Narrative A
The ITC and the Biden administration were right not to bend the knee to Apple and protect the patent rights of designers. Apple has used its corporate power to rip off the ideas and designs of other companies, and it must adhere to rules and regulations just as any other company does. Apple clearly took parts of Masimo’s technology, and it cannot keep selling its new watches without righting its wrongs.
Narrative B
The ITC is trying to make an example out of Apple by banning its watches without concrete evidence that it violated any patent rights. In addition to unfairly imposing a ban on the products, the ITC has refused to issue an injunction until Customs and Border Patrol issues a ruling on the redesigned watches. This pause on the ban is fair.
