Former Apple employees made the processor for Qualcomm. Everyone has the opportunity to change jobs.
Oxygen testing is included in every watch from China. Masimo has no problem with that?
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Apple Watch Pulse Oximetry Can Be Reactivated Through Software in 2028 or With Successful Appeal
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Oxygen testing is included in every watch from China. Masimo has no problem with that?
It’s not a standalone device. It’s just an approximation In the Body what could happen. It should be not exacerbated to believe that this is actually a full-blown device.
A lot of folks are saying that Masimo is not a patent troll.
Technically this is correct. However, their behavior is controversial.
The Masimo patents the ITC found Apple infringed were not filed until 2020, well after pulse oximetry was added to the Apple Watch.
Masimo engaged in what is called "continuation practice" where they continuously filed patent applications relating back to the original 2008 applications and altering the claims in the patents to circle around the Apple Watch. In other words, Masimo was targeting Apple with new patents after the fact. While this is perfectly legal, it is also controversial. Recently a federal judge slapped down Sonos for doing a similar thing in their patent tangle with Google (although that ruling is likely to be reversed after appeal).
Also, Masimo's smart watch was likely developed only to satisfy the "domestic industry" requirement needed to get an import exclusion order (the Masimo watch is unlike most of the medical grade products they produce, so it is strange that they would get into the consumer smart watch business all of a sudden).
In an ideal world, Masimo's earlier patents would have prevented Apple from adding the infringing tech to the Apple Watch, but they didn't. Apple has not been found to infringe any of the earlier Masimo patents, only the later ones that were crafted specifically to target Apple after the fact. Again, perfectly legal, but controversial.
As an aside, after having reviewed the infringed patent claims, I believe Apple can design a workaround by moving the pulse oximetry calculations to the iPhone and only using the watch sensor to collect raw data and send it over to the phone. This is because the Masimo patent requires the calculation to be performed by the watch. If Apple did this, it would force Masimo to file yet another patent application (if that is still an option, not sure it is any longer) to try and stop that from happening. But I doubt Apple will try this.
Technically this is correct. However, their behavior is controversial.
The Masimo patents the ITC found Apple infringed were not filed until 2020, well after pulse oximetry was added to the Apple Watch.
Masimo engaged in what is called "continuation practice" where they continuously filed patent applications relating back to the original 2008 applications and altering the claims in the patents to circle around the Apple Watch. In other words, Masimo was targeting Apple with new patents after the fact. While this is perfectly legal, it is also controversial. Recently a federal judge slapped down Sonos for doing a similar thing in their patent tangle with Google (although that ruling is likely to be reversed after appeal).
Also, Masimo's smart watch was likely developed only to satisfy the "domestic industry" requirement needed to get an import exclusion order (the Masimo watch is unlike most of the medical grade products they produce, so it is strange that they would get into the consumer smart watch business all of a sudden).
In an ideal world, Masimo's earlier patents would have prevented Apple from adding the infringing tech to the Apple Watch, but they didn't. Apple has not been found to infringe any of the earlier Masimo patents, only the later ones that were crafted specifically to target Apple after the fact. Again, perfectly legal, but controversial.
As an aside, after having reviewed the infringed patent claims, I believe Apple can design a workaround by moving the pulse oximetry calculations to the iPhone and only using the watch sensor to collect raw data and send it over to the phone. This is because the Masimo patent requires the calculation to be performed by the watch. If Apple did this, it would force Masimo to file yet another patent application (if that is still an option, not sure it is any longer) to try and stop that from happening. But I doubt Apple will try this.
I dunno, because there are products out there that Masimo is still obligated to provide support for. i will reiterate, your suggestion isn’t realistic or workable.
I don't think we have seen an actual case where a warranty claim with the watch being replaced lacked the capability (as I am sure there would have been a media report about it).
It was speculated that this might happen once Apple exhausted their pre-existing refurbished stock, but Apple might be able to argue to the ITC that they be allowed to enable the capability on refurbished "post-ban" watches if they are used only to fulfill "pre-ban" watch warranty claims (so they could not use it as a way to circumvent the existing import ban).
Apple could also actually recover the SIP and sensor packages from "pre-ban" watches returned to them under warranty and use that to repair "pre-ban" watch warranty claims rather than perform the usual "full device replacement" with a refurbished unit.
Apple tried to gut their talent after they pretended to bu their company. Save the Apple is a white knight attitude.
The 15-20 dollar otc fingertip devices are not fda approved either.
I have both (3 fingertip ones) and the watch is no better or worse than those….except in my case. I am dibetic AND take blood thinners and otc fingertip ones tend to not read about 50% of the time.
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Like other non fda approved otc sensors it’s not as accurate as more expensive fda approved ones. Saying better off without is stupid though, far better to watch trends on non fda approved than noy watch at all.
No, the 20.00 ones are not fda approved and work no better than the watch. I have several. You need to spend money on an fda approved for that.
Orrrrr maybe the company that pioneered non-invasive pulse oximetry has a vested interest in preventing the most common consumer implementation of that biomarker monitoring from being inaccurate to the point of uselessness. The problem isn’t just that Apple ripped off Masimo patents; they’ve done so badly, to the point that it makes legitimate SpO2 products look questionable.
Masimo's willingness to settle means nothing. At the end of the day, its better to settle because litigation is in fact expensive.
Apple could support it for X amount of time and then be done with it. Easy.
Apple has enough trouble with government agencies right now. No reason to add the FDA to the list.
How would they be in trouble? No company is forced to offer something forever.
because the FDA doesn’t like when corners are cut in manufacturing, which Apple definitely has a track record of doing…
Really cause it looked like they were scrambling at the last minute to decide what to do, even removing the product from sale.
Basically masimo has been releasing smartwatchess that are useless except for their blood oxygen feature. they sued over the patent nonsense now so they could be the best blood oxygen sensor. its actually masimo abusing anti trust laws to become a monopoly but they're failing miserably.
the issue is more that masimo is being a piece of *** and are only suing to make their watches which are utterly terrible more important
masimo is literally suuing as they begin entering the smartwatch division and using their technology in smartwatches. these smartwatches are utterly terrible aside form the blood oxygen sensors and the one they're releasing soon is starting at $1000 and has generic features you can get from a cmf watch for 75 or an apple watch if they hadn't gotten rid of it in the apple watch.
Watches are NOT their main product by far. They are a medical equipment supplier. They are not some small company either, they are a billion-dollar international corporation.
Who even knew they made watches?
It is very clear that Apple did this intentionally simply to avoid the cost of a small license payment.
Onenorth, superb, thoughtful, and informative comment. Much thanks for posting it.
Continues on with more solid details. Thanks, again!
"A lot of folks are saying that Masimo is not a patent troll.
Technically this is correct. However, their behavior is controversial.
The Masimo patents the ITC found Apple infringed were not filed until 2020, well after pulse oximetry was added to the Apple Watch.
Masimo engaged in what is called "continuation practice" where they continuously filed patent applications relating back to the original 2008 applications and altering the claims in the patents to circle around the Apple Watch. In other words, Masimo was targeting Apple with new patents after the fact. While this is perfectly legal, it is also controversial. Recently a federal judge slapped down Sonos for doing a similar thing in their patent tangle with Google (although that ruling is likely to be reversed after appeal)...."
Continues on with more solid details. Thanks, again!