They'll sell gimped watches and then destroy Masimo in court and maybe buy them. The W1 infringes on way more patents.
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Apple Watch Sales Ban Reinstated in U.S. Effective Tomorrow
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It'll never go on sale. As Apple's suit states, Masimo is violating a ton of Apple Watch patents using data they gathered during discovery for their lawsuit. They done ****ed up.
I can't find any quote from Kiani saying he is open to "licensing" the tech. In everything I've read, he seems to very carefully avoid the term "licensing". He mentions "help" and "dialogue" quit a bit though.
So I agree. I think he wants a supplier deal or some other colab.
yeah, the "Apple stole" and "Apple refuses to pay" make zero sense for anyone who will take the time to think this through. MacRumors is simply filled with a whole contingent of people who are looking for any opportunity to bash Apple. It's disappointing.
Doesn’t really matter. No one here (or pretty much anywhere) is going to be buying either of them. It’s just a future discontinued watch that they are releasing to justify their argument.
You forgot D.
Masimo's W1 watch and their upcoming consumer watches are both stated by Apple to violate Watch patents. And they gained the information necessary to violate the patents during their lawsuit against Apple. So I suspect some "mutually assured destruction" that will result in some VERY cheap cross-licensing.
Not hard to believe. Tim Cook admitted he ghosted Qualcomm's CEO during settlement discussions in 2018. Apple was literally using Qualcomm chips and unwilling to pay.
When Apple is on a warpath, they don't talk and they don't pay. Apple only talks to lawyers.
Asking for $100 or $1,000 doesn't matter. Masimo owns the patents. They're under no obligation to share.
100% agree that Masimo is not obligated to talk or share. And yes, Tim Cook said "he" ghosted Qualcomm's CEO. But again, the idea that no one at Apple was talking to anyone at Qualcomm is simply not possible. Additionally, I think it's been documented that there was a fairly continuous line of communication between the companies (the vast majority taking place with council, but nothing like what was presented by Cook at the time or Kiani now). I may be incorrect about that detail, but I think that lawyers have to let the court know when they are "talking" to each other and there were records indicating there was at least some "talking" happening. Again, I might be remembering it wrong. Also, it might not be a requirement to inform the court.
or a 3rd option sell the gimped watch and end up still paying Masimo a **** ton of money dating back to every watch sell since version 6. Or settling paying Masimo a lot of money and then having to disabled the feature on every watch since version 6 and then paying out the class action.
Masimo is not a patent troll. They make a real products and a huge player in that market. This is more of a case of a case of Apple stealing IP and not paying for it.
depends on the normal agreement. Could be they get a cut of the entire sell of the product. In this case near a 100 per watch compared to the cheap one on amazon. Remember apple cut off communcation and refused to do talks. Most of the other oxygen people products are in partnership with Masimo and they pay Masimo royalities. Could also be on those cheap devices Masimo has a lot of other IP trading going on reducing it. Apple might not have anything to bring to the table.
It's been three years since Masimo filed suit against the Apple Watch 6. The time for talking is long over.
Why do you think it's not possible? Apple has nothing to gain from their perspective. Apple has a $1B annual legal budget so they can push things to the limit and take risk. That's literally what Apple's former top lawyer said their strategy was. Overwhelm the opponent whenever possible.
If Court of Appeals Masimo more likely to prevail on appeal it would lift the stay to prevent/limit damages to Masimo. If it thought Apple would most likely prevail in would have kept stay in place.
Can't apple and its trillions just pay for the patent? I know it'd be expensive but apple has almost infinite money.
This likely creates a stock pile in supplies, so Watch prices should drop in non-US markets rather soon, right?
A license is just a contract. Any deal would have to involve a license agreement to protect Apple from future patent infringement claims. And likely an exclusive license so Apple isn't competing with any other Masimo collaborators in the future.
Masimo didn't file the two patents in question until after Apple released the S6/U1. Then Masimo went about creating their own watch so they could go to the ITC and say Apple was a direct competitor. It feels like troll-like behavior even if they are not a troll in the traditional sense (non-practicing entity or NPE).
Are you in an alternate universe? The vast majority of the comments are defending Apple without any actual knowledge of it.
Pretty much.... I wish they would have just partnered with Masimo in the first place rather than trying to poach employees who thought they could "side-step" the Masimo patents. Masimo is pretty innovative in the field of non-invasive health sensors. Had Apple partnered with or acquired Masimo then I think the Apple Watch could be an even better product today.
It does not sound like Masimo is trying to "take down" Apple like Epic Games was doing -- they simply want to be paid for their inventions. Further, Masimo is no patent troll. Masimo does not compete with Apple since they sell to healthcare providers (B2B), not consumers (B2C) -- so I would think a partnership would work here for Apple -- and certainly Apple can afford to pay a partner for exclusive rights to their patents in consumer products.
Maximo doesn’t seem to want to settle. They are out for blood.
Presumably to measure its oxygen content.
Having now done more reading and research...
The Masimo W1 watch has 19 reviews on Amazon. 18 of those reviews were done by people who were given a free watch in exchange for their review. The 1 review that was a verified purchase gave it 1 star. Some lowlights? The "watch" doesn't do anything other than heavy data dumps of health information. It does no analysis. It tells the wearer nothing. It has a watch, but no notifications, or really anything else that a typical smart watch does. And what cracked me up most? One reviewer said it takes several hours to charge, and that you have to charge it twice a day. All the reviews came after December 2023. AND...the watch is listed as "currently unavailable." So, they sold out by giving away 18 watches and selling 1 watch. And Masimo promises in court documents to produce their consumer watch, the Freedom, by 1st Quarter 2024. We'll see. I doubt it.
The Patents in dispute expire in 2028.
Apple could bypass the ITC ruling if they were to manufacture the watch in the USA.
There is so much underneath this case. It's amazing the Press has done nothing with it.
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