4 ms·

Howso? If the plaintif wins they can be compensated by their back royalties for all the watches Apple already sold.

• gnicholas 3y ago
  Because it drastically shifts the bargaining power of the parties. The whole point of injunctions (which is what the ITC is able to order) is that they are prospective, not retrospective. If injunctions can be put on hold until all appeals are exhausted, as suggested above, that has a huge effect on the timeline on which this all plays out. Appeals take significant time, and Apple's refresh cycle is annual. Also, some plaintiff's might have a hard time paying for all of the appeals — if a large defendant can simply wait them out, without regard to wins in courts of first impression, that is a boon for deep-pocketed companies.