According to CEO of Masimo, they have not once met with Apple to negotiate a deal.
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Apple Watch Import Ban Now Official, Apple Appeals Decision
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According to CEO of Masimo, they have not once met with Apple to negotiate a deal.
Boy Apple's got a lot of chutzpah. First they steal tech, poach employees and then in typical fashion, they play victim.
Apple really needs to be taught a hard lesson here.
Apple really needs to be taught a hard lesson here.
Thing is, appeals, trials are not really predictable and take time.
When customers don’t get their out if warranty AWs (6,7,8,9, Ultra/2) repaired anymore it will hurt Apple much more than Masimo…
Sure, the financial impact not selling these AWs is not significant for Apple…
No. Despite the ruling Apple does not use Masimo's technology. And reportedly the demands are for an obscene amount.
But IMO, the principle is don't give 8n to extortion.
I understand the need for patents as the vehicle to protect the ideas of companies and people. You stated patents are good for the consumer. Perhaps, but patent battles are never good for the consumer.
However, in this case the consumer loses. The watches are not for sale. Watches out of warranty cannot be fixed. The consumer loses.
If the company owning the patent wins, the consumer will be faced with higher costs. The costs paid in penalties, royalties and legal fees are never paid by the company losing the patent battle. The costs are paid by the consumer. The consumer will no longer has a useful feature or the prices for the products are higher.
You know perfectly well what he was refering to so just stop with obfuscation. He never said companies owned their employees, nor did he imply such. He said Apple was caught poaching, which, in and of itself isn't illegal and then suddenly comes out with tech similar to what the poached employees were working on.
Where is this going? Apple infringed. There is only one way to go. Pay up or do not use the patented tech. Are you that big of an Apple apologist?
Were they supposed to work in housekeeping?
There was a trial on that claim which Masimo didn't win, and only managed to convince one dim juror enough for a mistrial.
So you have no intention of honest discourse. Good to know.
That's only if you take "patent battles" and evaluate them in a vacuum, but patent battles are intrinsically bound to the patent protections offered by the legal instrument so you need to evaluate the bad together with the good. You cannot have a legal protection without a way to enforce said protection, otherwise the protection would be moot.
Take this case: without patents would you even have the technology in question available? It might not even exist without a way for companies to protect their investment in the research required to discover it.
The alternative to the legal battle would not necessarily be a cheap smartwatch with the invention in it, because that exists only due to the patent system functioning the way it does and you cannot have the latter without the former.
While the hung jury means Masimo failed to prevail, it still also means the jury did not side unanimously with Apple either. Whether it's the single juror who sided with Masimo the "dim" one or all the others, who knows? There is a reason that kind of verdict requires an unanimous jury and anything else is not enough for either verdicts.
I don't know whether Masimo will retry the case, but it would be in front of a different jury with potentially different evidence and potentially using different arguments. It would be entirely possible for them to prevail even though they didn't in the original case.
Remember: hung jury means you didn't win, but also that you didn't lose.
This just seems like more reason to move as much manufacturing as possible into the United States. ITC can’t ban it if it’s not an import.
Obama asked Steve Jobs about this fifteen years ago and he was told it would take at least ten years to ramp up. Well, nobody did anything and ten years passed and here we are.
Obama asked Steve Jobs about this fifteen years ago and he was told it would take at least ten years to ramp up. Well, nobody did anything and ten years passed and here we are.
"Finally, Masimo will not suffer any cognizable harm, as it does not sell a competing product in the United States in any meaningful quantities (if at all)," continues Apple's filing. "Tellingly, the Commission's decision acknowledged that Masimo would not suffer any significant monetary harm from a stay."
This is why the ITC decision (and the lack of action by the current administration) is puzzling. Consumers aren’t deciding between Apple and Masimo for a smartwatch purchase — most probably haven’t even heard of Masimo. They work in different markets, so a stay is the very least that should happen. The harm is against Apple and consumers, not Masimo.
This is why the ITC decision (and the lack of action by the current administration) is puzzling. Consumers aren’t deciding between Apple and Masimo for a smartwatch purchase — most probably haven’t even heard of Masimo. They work in different markets, so a stay is the very least that should happen. The harm is against Apple and consumers, not Masimo.
Executive heads should be rolling over this. But they are not. And that sends a weird and slightly unsavory message.
Thats because apple refused to do all of them...... Since apple refused all available fixes an import ban is next.
Apple literally caused the import ban
Wouldn't it be fascinating if this decision costs Joe Biden dearly in the 2024 elections? #firstpoliticianeverdefeatedbyatimapplewatch
Tick tock, Joe. Tick tock.
Because this drama erodes everyone’s confidence in Apple, and trying to get the government to cover for Apple’s misdeeds is currupt as hell
Also very sad when people bash Apple no matter what
Tesla is open source, and literally sends tech to other companies (Ford) in the hopes of advancing EVs... Masimo smirks and throws up the money sign, ala Johnny Manziel. Disgusting.
Tim Cook is responsible but he’ll probably get a few hundred millions in a yearly bonus.