I'm much more interested in Apple's lawsuit against Masimo's watch. Apple claims that they took information they got access through via the trial and used it to infringe on various Watch patents. I hope Apple takes then to the cleaners.
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Apple Watch Pulse Oximetry Can Be Reactivated Through Software in 2028 or With Successful Appeal
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I still think it is crazy people think this way, your employer doesn't own you and if they want to retain you they better pay you well if you are in a skilled position. From what I understand they were grossly under paying their engineers and it was easy for Apple attract them.
I am also waiting for the loss of revenue lawsuit when they get the last of the patents tossed.
Buy them out and trash their entire team. Just keep the IP, Apple.
Ugh. Nobody is talking about “ownership” as if employees are modern day slaves and can’t work anywhere else. As details have come up, it appears the higher ups at apple made a concerted effort to hire specific people to develop the same patented technology to get around having to license the very technology Masimo patented. Have you just been reading headlines and surface level stuff? Seriously. This lawsuit was able to stop one of the biggest companies in the world from selling a product. You really think there’s no merit at all and “ah apple just likes to hire people. What’s wrong with that?”
The more details that come out, the more damning it is
All these patents would be tossed by now if wasn't a one juror that caused a hung jury in the last trial. At best these patents were extremely weak and i'm not sure Masimo is fully prepared for the legal nightmare they have coming when Apple gets the last of them finally tossed. The CEO got butt hurt and let his ego get in the way of making good business decisions.
So what about Apple Watch 9 models that were bought before this all happened? Do they get to keep the blood oxygen monitoring? Or have they disabled it via software updates?
Patents cannot be renewed so when 2028 arrives, the patent expires. I presume Massimo is hoping Apple will lose so many Series 9 and Ultra sales in the US that they concede to license the technology, even if it is for a few years until the patent expires.
Because if they did, they open themselves up to massive civil lawsuits and perhaps even criminal prosecution. And not just from Massimo.
Apple adjusted the model numbers for the Series 9 and Ultra models with the pulse oximetry disabled so the iPhone recognizes them and applies the correct version of watchOS and updates with that functionality disabled.
We don't know what Massimo wanted in terms of licensing fees. I have heard some claim it was upwards of $100 a watch, which would be untenable for Apple.
For whatever reasons, Apple felt it was better to try and develop this technology in-house rather than license it. We know they felt they had an excellent chance at invalidating Massimo's patents (and in fact did invalidate all but one, and even that one they almost won except for a single juror).
As to hiring away staff, that is par for the course in every industry.
I agree on the hired workers should not take with them confidential IP, but hiring away people with the skills and knowledge you need is how Apple - and every other company - invents solutions.
As they preceded the ban, they are not subject to it and will continue to have the capability. This is why Apple changed the model numbers for the watches that are subject to the ban so they get a special version of watchOS (and updates) with the functionality disabled.
That hasn't been settled yet. The court cases are not even close to being finished.
That would be a stupid thing for apple to do. Apple entering the medical device world is a terrifying concept.
Of course you should include patent infringers like Samsung, Microsoft, and others who infringe/steal/obtain Apple’s IP and somehow get away with it. Any reason to single out Apple’s CEO?
If there was any proof that this was happening, apple would have sued the ever loving crap out of these companies. You don't just "somehow get away" with IP theft. Have you seen how litigious apple is?
Not correct. Only series 9 and Ultra sold on or after 1/18/2024 are affected. Series 9 and Ultras sold before that date will NOT have their O2 apps disabled. Numerous reports on the Apple Discussion Forums from users who updated their series 9 and Ultra to watchOS 10.4 and their O2 app continues to work. Lots of misinformation going around about this.
They wouldn't enter it. Like I said, buy it up for the IP for Apple Watch.
What kind of devices do you think Masimo produces with that patent. Thats right, medical devices, such as pulse oximeters for hospitals. Your suggestion is unworkable.
I'm not even responding to the second part of the statement because its simply not worth a response. However Apple entering the medical device world is problematic because their quality control has been spotty enough at times to be an issue, not to mention their stance on right to repair is a nonstarter a lot of hospitals.
But you can just use the Apple Watch to call the mortician, so you know, less devices to deal with.
There is still litigation going on the ban will only be permanent if Apple can't get the last of the patents tossed. It even in the title of this post "With Successful Appeal".
Of course litigation is ongoing but the current ban affects ONLY series 9 and Ultra watches sold on or after 1/18/2024. No one has lost their O2 app on phones they purchased before that date. None.
Apple took both Microsoft and Samsung to court over what they believed was the theft of their software and hardware IP. Steve felt Samsung was so egregious in their theft that he literally declared (a legal) war on them.
How? Apple buys it, uses what they want (for the Apple Watch), scrap the rest.
Those are the only new watches being made, but from what I understand if Apple has to replace your watch under warranty you will lose the feature?