Apple Asks the Supreme Court to Narrow the ITC Domestic-Industry Economic Prong.

Apple Inc. filed a petition for a writ of certiorari captioned Apple Inc. v. International Trade Commission, No. 26-316 (U.S.), on September 3, 2026. The Supreme Court docket lists a response due October 13, 2026. Respondents include the Commission and Masimo Corporation / Cercacor Laboratories, Inc.

Questions presented

The petition's first question asks whether a patentee fails to establish "significant employment of labor or capital" "with respect to the articles protected by the patent" under 19 U.S.C. 1337(a)(3)(B) where the investment falls into uses listed only in section 1337(a)(3)(C) (engineering, research and development, or licensing). The second question asks whether the Federal Circuit may affirm an agency decision on a rationale that does not appear in the agency's opinion, contrary to SEC v. Chenery Corp., 318 U.S. 80 (1943).

Procedural posture and patents

The petition follows the Federal Circuit's March 19, 2026 decision in Apple Inc. v. ITC, 169 F.4th 1363 (Fed. Cir. 2026) (Stark, J., joined by Lourie and Reyna, JJ.), affirming the Commission in Investigation No. 337-TA-1276, and the July 21, 2026 denial of rehearing. Public coverage ties the import relief to Apple Watch models with the original blood-oxygen feature and to U.S. Patents 10,912,502 and 10,945,648 (with a third Masimo patent found not infringed). The petition states the original-design importation ban remains in place until those two patents expire in August 2028.

For Section 337 complainants

Section 337 complainants must show a domestic industry. If the Court takes the case and tightens the economic prong under (B) versus (C), complainants that lean on U.S. R&D narratives could face a steeper path to relief. The legal question is about the statute's allocation of R&D proof, not a single product SKU.

What to watch next

Watch the response due October 13, 2026, any amicus filings, and the Court's conference and certiorari decision. Also watch whether pending ITC investigations preview the same domestic-industry economic-prong arguments while the petition is pending.