Apple sitting on ton of cash, why not partnership with them or buy them out? Instead of finding a backdoor for free access.
As I live in Europe I've had this all the time in my watches - and while I do respect it's not nice to lose features, this is one I can't remember I've ever used other than trying itNot considering the upcoming watch until they get this back. Still have the latest that had the tech, got a seperate 10 last year, but will not get the new ultra, or any, until this is back.
If Apple had a valid technical reason why they thought ITC’s assessment and appeals decision were wrong, then Apple could have brought it up today. There was nothing. Apple’s argument today is basically, for a patent to be valid, there has to be a commercial product available. Prototypes don’t count. That’s nuts.
I can see Apple making a deal on the quiet with another manufacturer, and using their technology. Surely what we are talking about here, is not hardware, but an algorithm within the firmware, which can be tweaked, as companies like Garmin, Polar, Coroa, Suunto, to name just a few, all have SPO2.Apple, you need to either pay them or come up with your own thing. It’s been so many years now with no new health features.
Got some Chinese one during COVID days. Thing still works, accurate enough, batteries last for ages and easy to replace (unlike these electronic thermometers with small coin sized battery). It cost something like 10 or 20$For those who want a newer model, just get a medical grade pulse ox you place on your finger.
Masimo isn’t a small corp or “patent troll” as it might seem at the first glance. They have received government grants and have contracts with some government agencies, including DoD.An Apple win with this argument would be a terrible precedent, as it would basically say that whoever has enough money to bring the patent-utilizing product to market first wins, and large corporations would always achieve that over small companies due to their massive deep pockets, basically stealing patents from small companies.
I agree, it should not. But it obviously does or patent trolls would never win lawsuits. Apple’s making a transparently disingenuous argument and will lose.Apple maintains that Masimo's device was not market-ready when the company filed its complaint, and that the legal standard should not permit hypothetical products to justify trade restrictions.
Patents don't require you to bring a product to market. Apple is dreaming.
An ITC action is not the same as a patent infringement case in district court. To bring an ITC action under 19 USC § 1337, the patentee must show that imports are causing harm to a domestic industry. Maybe that happened here, maybe not; but it has nothing to do with patent validity.
Pulse oximetry was developed in the 1970s. This patent should NEVER have been issued.
If you want a new watch, take a road trip to Canada or Mexico. This stupidity only exists in the US.