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. Public coverage on September 14 describes the petition as asking the Court to narrow how the ITC measures the domestic-industry economic prong, including whether research and development counts under section 1337(a)(3)(B) "labor or capital."
Why it matters for phone and wearable fights
Section 337 complainants must show a domestic industry. If the Court takes the case and tightens the economic prong, complainants that rely heavily on U.S. R&D narratives could face a steeper path to institution or relief. The petition sits against the Masimo Apple Watch ITC history, but the legal question is about the statute, not a single product SKU.
What to watch next
Watch for a response brief, any amicus filings from ITC practitioners, and the Court's conference and certiorari decision. Also watch whether pending ITC investigations preview the same DI economic-prong arguments while the petition is pending.