I read a quote from the CEO saying he was open to giving a license to Apple but only if Apple lets Masimo help improve the blood oxygen function on the Apple Watch. In other words, he wants more than just a check from Apple for the license.
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Apple Watch Sales Ban Reinstated in U.S. Effective Tomorrow
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At least that would be competition. As Google could buy them or Samsung and really stick it to AAPL.
yeah, that's my sense too. He's been looking for a huge windfall.
Apple is taking a huge hit here. If it had been a simple licensing fee, I don't think we'd see the Apple watch being pulled over it. It makes no sense. Apple pays a ton of licensing fees.
They would need to. I understand this lawsuit came about some time ago when this feature was first released.
There will be a class action lawsuit by those impacted Apple Watch users.
Just you wait.
IF the rumor I read, that Masimo is asking Apple for $100/watch, that would be a payoff of about $5B each year, ongoing. That's a ridiculous number.
Probably. Individual cases do eventually come to an end though. Just like the Epic case recently.
Or they could just NOT steal the technology to begin with?
This hasn't been proven; Apple has had several of their patented tossed, and the couple that remains ended in a hung trial. Apple will most likely suit again to remove them.
Apple's favorite thing to do to smaller companies with less resources is to tie them up as long as possible to drain them of money, in hopes of dropping their cases against them or by taking a massively smaller payout. Love Apple and their products, but it's about time Apple eats a slice of humble pie and quits stepping on other people's toes like bullies.
The president has the power to overrule an ITC import ban - he chose not to.
Go read up on the history of this case
It really surprises me how superficial nearly all of the reporting on this has been. This is a huge case with huge ramifications. There's clearly a lot boiling underneath...and nearly all of the reporting I've read over months have been not much more than extracting quotes from Press Releases.
That's not how it works at all. Only newly sold models would be sold without the functionality. Nice try troll.
The president has this authority to correct egregious errors and misuses of power. Not to overturn legitimate rulings on a whim.
Apple can't just "suit" again.
Or else Masimo would "suit" again to have the other patent decisions reversed in their favor.
no, this case with the ITC ban is for new/future sales, it has no impact on watches that have been sold in the past.
As of now, there is no legal requirement for Apple to disable this feature. if they'd choose to do so on their own, yes, lawsuits will be rolling in
I'm aware that he has the power. I'm saying he shouldn't use it.
Leave it to the courts.
After my watch battery performance fell off a cliff in November, I moved to a Garmin and am not regretting it one bit. Now I have a multi-day battery and nearly all the features I had with my Apple Watch. I love Apple but they'll have to make some serious strides to win me back.
"Apple could avoid an import ban if the White House vetoes the ITC's decision, but it is so far looking like that might not happen. The White House has until December 25 to decide whether it will step in. "
from this article: https://forums.macrumors.com/thread...ay-on-looming-apple-watch-import-ban.2414290/
what do you call "veto"?
That's not even a question. Apple will disable the feature on newly sold Series 9 and Ultra 2 and not lose a single sale, since hardly anyone cares about the feature, and precisely zero customers buy the device specifically for the feature.
Then at a later date, they can magically turn it on for any device that shipped with it disabled, once they've made more progress on this case.
I don't understand why people think Apple is unwilling to pay for patent use. Just like every big tech company, they do it all the time. The only time you hear about it is when the two parties can't come to some agreement.
This is just rumors, but since this is MacRumors I guess that is ok, But I've heard that Masimo is asking for $100 a watch, that is crazy, obviously. But I think the bigger issue is the other rumor, that Masimo is not interested in a licensing deal. What they really want is a supplier / contributor deal. Kiani said they want to "work with them to improve there product". He did not say, we are willing to license the tech.
Additionally, the claim that no one at Apple has spoken to anyone at Masimo in years is simply too absurd to be believed. Kiani said "he" has not talked to them in years. The idea that no one at Apple has offered them some insulting low deal, like six months of AppleTV+ and a fifty dollar store gift card or whatever the equivalent is in patent licensing is simply not possible. Kiani said what he wants is an apology and an honest dialogue, again no mention of a licensing deal.
It is also worth mentioning that Masimo's case has continued to get weaker at nearly every stage. There claims about employee poaching (as if hiring an engineer who worked for another company is somehow illegal) didn't make it anywhere and then the majority of there patents were invalidated. Unless I'm misunderstanding something, they have two patents in question that have not been invalidated, yet. It is safe to say that Apple have a fair amount of experience in protecting and attacking patents, someone at Apple must feel pretty good that the remaining patents are not as strong as Kiani and Masimo's team seems to think.
and he didn't, so that's part of why we are where we are ... and in this case he was correct imho
Because the quotes sell the story more than the facts. Think about it, you have a CEO of a company doing everything they can to win the PR fight, negating that simple notion that this is a legal issue not a PR issue. Thats not even touching the board of directions and their displeasure and the antics that took place. At the end of the day this will be settled in the court room.
That's not actually their "consumer" watch.Masimo - Masimo W1™ Medical Watch Continuous Health Tracking Watch
Masimo W1 Medical Watch is a comfortable, lifestyle-friendly continuous monitoring device that pairs with the Masimo SafetyNet® platform for a true telehealth experience—empowering care providers to make timely clinical decisions and stay connected to patients across the continuum of care.www.masimo.com
Also:
The Masimo "Freedom" watch has been announced, they are taking pre-orders, but it's not yet available:
https://www.masimoconsumer.com
For some reason, that link doesn't work off of MacRumors. Here's the device: