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With soooo many patents out there, how does anyone design a product without infringing on some of them? You would have to have a dedicated team in R&D just to go over obscure patents.
That's how it works, sadly. The patent system is probably the part of so-called IP law that does the most damage to every human on earth. Untold trillions of dollars are wasted on making sure only the biggest companies can compete in the market, because they can afford the armies of lawyers required to make sure their patent war chest is big enough to protect them against the other 800 pound gorillas' war chests.

Ideas cannot be stolen - if you know how to make something, and I find out how to make that thing, we both have the information. If you want to keep your idea secret, go ahead and don't tell it to anyone or communicate it in other forms. Creating and selling a product that uses that idea is a form of communication, in that people will learn from seeing your product and may use the ideas to make their own products, but this is how ideas are refined and the prices of useful products go down over time, benefitting everyone.
 
Is that a first? I guess most people who wanted one in general or for Christmas already purchased it, but quite stunning development nonetheless.
Right? More or less the last day to get delivery from Apple in time for Christmas, and in store right up until Christmas.

Of course, the ban is on imports so they just won't be able to replenish stock.
 
Dec 24th... $10 says Biden vetoes this. Election season is coming up, Apple is one of Biden's biggest election campaign contributors and it will affect Christmas shopping.
 
Apple has been stealing for years. Using An Apple Mouse? Stolen (Xerox) Like the desktop icons on your Mac? Stolen (Xerox) Perhaps Apple needs to stop selling all of its products until we find out what’s stolen and what isn’t.
Because as soon as Apple started producing computers with a mouse and desktop icons Xerox couldn't make anything like that, since the idea was "stolen" from them. Right.
 
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I disagree. As an engineer, intellectual property is extremely important. Patent law enforces the proper use of such property. If Apple did indeed infringe it, they should not be allowed to monetize from it.
The system is broken. Thus the proliferation of patent trolls. Clearly even you must see that. Yes protecting IP is very important but the current system is fundamentally broken.
 
That would only work if Masimo wants to license it.
I’m not sure the details of the improvements in dispute here- I couldn’t find them easily, but it is hard to see it being more then statistical techniques that really shouldn’t be patentable. These incremental improvements to an existing technology should not be patented in general in my opinion. Much more in technology should just move to a copyright model. IP patents should be hard to get.

Although Masimo has one of the co-inventors of Pulse Oximeters, they were invented in the early 70s and are no longer eligible for patent protections.

Although more legitimate than the average patent troll, Masimo has a history of holding trivial and obvious patents to try to continue to extort royalties out of old inventions.
 
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With soooo many patents out there, how does anyone design a product without infringing on some of them? You would have to have a dedicated team in R&D just to go over obscure patents.
not to mention some patents touch the fundamentals of current level of technology, making circumventing those prohibitively difficult unless your dedicated R&D team wins a Nobel prize or sth.
 
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I'm now waiting for the comments "Apple should pull out of the US", from the same people that claim they should pull out of the EU whenever there's EU regulation to follow.
And China, and Australia, and Canada, Brazil etc because of regulation changes. The list can go on and on. You know, maybe just shut down business altogether because of the prohibitively high cost to comply with those regulations.

Yeah we all know that will never happen.
 
not to mention some patents touch the fundamentals of current level of technology, making circumventing those prohibitively difficult unless your dedicated R&D team wins a Nobel prize or sth.
And that’s without getting into the mess that is standards essential patents (ie patents that are necessary for the implementation of certain standards) and whether these patents are truly being licensed on FRAND (Fair, Reasonable, and Non-Discriminatory) terms.
 
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This is what I don't understand, but maybe it is because I am a scientist and not an engineer. An SpO2 monitor simply bounces red light (and possibly some other wavelengths) off of tissue and measures the returning light. Since the more oxygen is bound to haemoglobin, the redder blood gets, it is a really simple measurement - even trivial. I have built many for research purposes in my lab. I suppose these patents could be about calibration, optimisation, miniaturisation, or signal processing (e.g., heart rate detection), but fundamentally it is just about bouncing red light off of blood and measuring the return signal. I hope this wasn't the Patent Office running amok handing out patents for ideas that are obvious.
Generic patents are a huge problem. They will be invalidated if that is the case. Just need to wait and watch, Apple has deep pockets to take on patent trolls.
 
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The system is broken. Thus the proliferation of patent trolls. Clearly even you must see that. Yes protecting IP is very important but the current system is fundamentally broken.
The ITC system is broken because it allows import bans like this. If it were a dispute in court Apple would likely just have to pay damages/royalties if it lost.
 
Why can't they just license the patent at this point? If they lost, just pay up? Apple can afford it and surely the cost would be less than the money from lost sales?
Apple is running a last minute Hail Mary hoping Biden sides with them. Kind of like a last minute appeal process with nothing to lose except a few sales after the holiday season.
 
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With soooo many patents out there, how does anyone design a product without infringing on some of them? You would have to have a dedicated team in R&D just to go over obscure patents.

Yeah that’s the idea. To lock everyone who can’t afford a literal building full of lawyers out of the market. Apparently sometimes even then.

This case seems to be a case of Apple straight up stealing their tech which should be covered under other protections. There is a place for limited patent protection but it has gotten wildly out of hand.
 
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