Apple Watch Sales Ban Reinstated in U.S. Effective Tomorrow

[zombierunner]

Just buy em out.

 

[klasma]

Getting my popcorn ready because I think we all know what the answer should be....

Sell the Newton Watch instead:

 

[CalMin]

Just pay for the patient rights and move on

If they violated Massimo's IP, then yes - pay up the royalties. However, it's probably more nuanced than a straight copy of Massimo's technology, and they probably spent a good amount of R&D cash on this, so why just hand it over to Massimo?

 

[Reason077]

Looks like Apple either needs to disable the Blood Oxygen sensor or pay Masimo for their patent.

Even if the sensor were disabled, Apple would still owe license fees on Apple Watches sold in the past with blood oxygen sensors.

 

[GMShadow]

Masimo should take a look at what Epic's being asked to pay for legal costs over what ended up being a pointless suit, and then check their own accounts.

 

[klasma]

Only a handful of customers were affected. Oh wait...

Customers can be such a handful, I tell you.

 

[jz0309]

as of right now, AW is still available on apple.com and blood oxygen is still featured.
I wonder whether we will hear anything from Apple on whatever it is they decide to move forward with (either stop selling or disabling SpO2)

 

[sw1tcher]

Unless Apple is forced to disable the feature through a future firmware update which they might be required to do if they don't pay for the patents. You never know.

I imagine class action lawsuits would follow if it got disabled, though Apple could avoid that by buying back the Watches.

 

[MRxROBOT]

Masimo should take a look at what Epic's being asked to pay for legal costs over what ended up being a pointless suit, and then check their own accounts.

These cases are not even remotely related. Why is it pointless? Would you not like to be compensated for your patented tech?

 

[GMShadow]

These cases are not even remotely related. Why is it pointless? Would you not like to be compensated for your patented tech?

Masimo hasn't proven any of that, and have essentially lost on almost all of their claims.

The vast majority of commenters here are simply parroting APPLE BAD because they can't spend 10 minutes looking into what a disaster Masimo is, and the actual facts involved in this case.

 

[summiter]

So what's it gonna be Apple? Are you gonna actually pay Masimo? Or are you actually gonna sell your customers a gimped Apple Watch?

Are you familiar with the case details and claimed infringing workings? Surely you must be as you’ve decided Apple should pay damages to Masimo. Please share your analysis of the technicals so we may all benefit from your unique insights.

 

[jz0309]

If Apple nerfs the spO2 on older watches via a forced update, do we get a partial refund?

there is no legal requirement to do so, so why would they?

 

[jz0309]

Feel sorry for the fanbois buying these at launch.

why? has no impact.

 

[jdavid_rp]

This assumes, of course, that Masimo is being reasonable in its ask. The device my doctor uses can be bought on Amazon for $12. The rumor I heard was that Masimo is asking $100/watch.

Well, maybe it’s a cause of trying to avoid paying from the start. So now that Masimo knows that Apple Watches can be banned and the court said they were right, they ask for more money. If Apple did it right, surely they would have gotten a better deal

 

[System603]

customers: "YEAH, **** APPLE, MAKE THEM PAY"

also customers: "Why are we paying $100 more for Series 10 with new Blood Oxygen implementation?"

If their solution is a genuine innovation that's not infringing on 3rd party intellectual property, great. Other option is to pay for a license/hw. Apple is doing that in many, many areas. And we're not talking about patent troll in this case.

But if the alternative is stealing, yes, I'd pay more or rather I'd like to pay fair price for a fair device.

 

[jz0309]

Anyone got the details on why the ban was lifted by the U.S. Court of Appeals?

they sided with the ITC?

 

[iStorm]

I wonder if they'll disable the Blood Oxygen sensor for all watches with this feature, or just those being sold going forward. I don't even know if it's possible to make the distinction, so a blanket disabling it is!

This was covered in a previous story. Existing watches should be fine, and it'll only be disabled on new ones. Apple is said to be making a modified version of the watches, or "revision 2" if you will. Presumably, the software will check to see which revision it's running on in order to determine if the feature should be disabled or not.

Apple May Sell Series 9 and Ultra 2 Watches Without Blood Oxygen App in U.S. Amid Patent Dispute

Apple has readied modified Apple Watch models that "do not contain pulse oximetry functionality," medical technology company Masimo said in a...

www.macrumors.com

 

[jz0309]

If Apple nerfs the spO2 on older watches via a forced update, do we get a partial refund?

no, Apple will get sued.
There is no legal requirement to disable SpO2 on already sold watches

 

[sw1tcher]

This assumes, of course, that Masimo is being reasonable in its ask. The device my doctor uses can be bought on Amazon for $12. The rumor I heard was that Masimo is asking $100/watch.

What is a reasonable asking price anyways? Reasonable is somewhat subjective.

What if Masimo were to ask $200? Apple seems to think that's a "reasonable" price to charge us to upgrade from 8GB memory to 16GB on their Macs. 🤣

 

[MRxROBOT]

Masimo hasn't proven any of that, and have essentially lost on almost all of their claims.

The vast majority of commenters here are simply parroting APPLE BAD because they can't spend 10 minutes looking into what a disaster Masimo is, and the actual facts involved in this case.

Ok please explain the facts then.

Why is it without merit?

Do they not hold patents in regards to the 02 sensor and its application?

Masimo is far from a disaster, they’re the leader in their industry.

 

[jz0309]

I think this is effectively answered by yesterday’s news about the “alternative payments screen” and the continued cut Apple is going to take.

what does one have to do with the other?

 

[poematik13]

the class actions for this from all the customers who paid $400+ for series 9 watches only to have a key feature removed is gonna be legendary

 

[JPack]

This is going to end like the story with Qualcomm.

Masimo's other patents have been jury and court-tested. They have a clear case with Apple.

At the end of the day, Tim Cook will bend his knee and pay out.

 

[rwilliams]

This was covered in a previous story. Existing watches should be fine, and it'll only be disabled on new ones. Apple is said to be making a modified version of the watches, or "revision 2" if you will. Presumably, the software will check to see which revision it's running on in order to determine if the feature should be disabled or not.

Apple May Sell Series 9 and Ultra 2 Watches Without Blood Oxygen App in U.S. Amid Patent Dispute

Apple has readied modified Apple Watch models that "do not contain pulse oximetry functionality," medical technology company Masimo said in a...

www.macrumors.com

Thanks!

 

[75Batt]

clearly nobody on here has a short term memory or read anything about this before today. The watches were already banned and it only affected nee models sold. It’s already been confirmed that the feature will be disabled on newly sold watches only.