Most seem to be missing that Apple has their own IP and patents for BOD, Masimo is saying because Apple hired some of their employees they stole IP. This has not been proven.
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Apple Pausing Sales of Apple Watch Series 9 and Ultra 2 in U.S. Due to Patent Dispute
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Apple is an incredibly innovative company. They have come up with a tremendous amount of ways to steal other people's ideas and claim they were their own. They need to be slapped down hard or broken up.
If they are pulling items off their store during holiday season, I'm assuming it's gone much further than Apple thought it would. Seems unlikely they will win this, but if they can abide by the laws without losing any appreciable sales, it might make a future licensing or compromise deal with Masimo go smoother for them.
Maybe later on apple would have to build an independent state full of lawyers as citizens and issue passports so that they can protect every last bit of patent they have.
There is a huge difference. In the EU, the commission takes active steps to force companies by law to design products and software in a certain way for certain areas.
Here the government is just enforcing an already established monopoly given to Masimo.
You just described every tech company. Now consider that Apple is the most successful tech company in the world and you have the situation we see. They have the most cash so they are targeted the most. It has less to do with infringement and more to do with patent lawyers throwing allegations against the wall to see what sticks. It's just another form of business or taxation. That's fine but ask yourself are the lawyers benefiting you or I in any way?
To answer for them, no. But at the same time, Apple being sued doesn't benefit or harm me in any way either. I'm not about to go to the mat for or against them.
Exactly, and part of what Masimo wants is co-ownership of Apple’s BOD IP and patents.
My take on the situation:
I think Apple likely did a significant amount of its own work on BOD (for reasons I’ve mentioned), and I think Masimo’s position (ownership or partial ownership over Apple’s unique work) sets a very dangerous precedent, that a company can effectively own the research of its ex-employees in the same field on the grounds that “they learned how to do it here”. That would thoroughly break US IP law and employment law* in one fell swoop. (I could see it causing me personal issues in my own career field, for instance. It certainly would cause lots of issues with co-workers of mine in previous roles.) Masimo is a very large company in one of the tightest regulatory environments (and one with a high degree of regulatory capture), so, if anything, Apple is the underdog in this case.
* As an engineer, you’d basically be unemployable by competing firms (or by firms that might even end up in competition down the line). Or, in this case, in a different industry entirely because of similar features (Masimo makes medical diagnostic devices, and the Apple Watch isn’t that, so they’re not really in competition). Which means that you’d have to leave your industry entirely to get a job at any other firm. So you’d be subject to whatever employment terms, say Masimo, offered you. You’d have no ability to seek higher wages by working for another firm. So I hope Masimo’s more extreme arguments are rejected, for my own sake if nothing else.
It's not patent law that is broken, it's a system where the actual inventors don't even own their own tech anymore, rather the corporations that they work for seem to own everything, and somehow still want to own even more.
Only if Apple is stubborn enough not to pay and thinks dropping a feature that users have gotten used to won’t affect sales in any meaningful way.
I mean, that is, in effect, exactly what they're doing: a suspension of sales of the product under scrutiny.
Yeah, but what happens if you develop and complete a product and another company happens to develop a similar product, completes that product and beats you to the patent office? All those years of development including the money invested down the drain.
Most Christmas shopping is done or will be by the time the pause goes into effect. I don’t think Biden will do it.
Apple probably spent $500 million in R&D developing their own blood oxygen sensor only to have to now remove the feature while still paying for the hardware already produced and assembled. Those expenses trickle down to the users in the form of less features, higher MSRP or both. I'm not against enforcing patent law but make no mistake, we all pay except for lawyers.
Masimo has many products (i.e., they are not a patent troll -- I know you didn't say they were). I have no idea whether or not Apple infringed on Masimo patents (I agree that the patent system needs fixing) but Masimo actually builds products with their patents.
ITC has found Apple infringed on two claims each on two separate patents. They also invalidated several of Masimo demands before the ITC.
ITC has issued two orders:
I believe only the Court of Appeals for the Federal Circuit can overturn ITC decisions after the presidential review period.
ITC has issued two orders:
- Import ban of Apple Watch Series 6, 7, 8, 9 and the corresponding Ultras
- A cease and desist order to Apple for the continued sales of these devices
I believe only the Court of Appeals for the Federal Circuit can overturn ITC decisions after the presidential review period.
Yeah, maybe Apple should increase that to two million for 2024, just in case there are any more questionable patents in their legal drawers.
Would not be surprised if Apple attempts to takes this to SCOTUS in some way.
Also would not be surprised if this could be last Apple Watch released globally for foreseeable future as the case continues to go through courts.
Patent trolls at it again.
Also would not be surprised if this could be last Apple Watch released globally for foreseeable future as the case continues to go through courts.
Patent trolls at it again.
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