[gnicholas]

Agreed; the question is whether Apple encouraged retailers to take on large inventories on a preemptive basis. It's in the retailers' interests to load up so that they're not left dry for an extended period. The only possible bad outcome for them is if they load up but then Apple settles, and they're not able to move it fast enough. But Apple could offer to buy back excess in order to alleviate this concern. It would seem like Apple and the retailers would want to work together 'against' Masimo here, since they both make money by stuffing the channel. I don't know if there are any ITC rules against this type of behavior during the pendency of an injunction.