I read somewhere else its a 4 paragraph ruling, want to read that too
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Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court
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Per CNN
The appeals court’s temporary block on the ITC’s order will allow the U.S. Customs department to consider Apple’s redesign of the offending Apple Watch models, a fix that is expected to take place by January 12. The company said in the motion Tuesday that it could “suffer irreparable harm” if the ban is kept in place while the appeal is ongoing.
Apple had already taken the offending Watch models off its online store, and Apple Store locations opened Tuesday without any of the latest top-of-the-line watches in stock. The cheaper Apple Watch SE, which was not part of the ruling, remains on sale, but the ban affects the Apple Watch Series 6 and later, and all models of Apple Watch Ultra.
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Are they still talking about just a software fix to disable their feature, sounds different? Even suggests the WatchOS current beta cycle would be pushed out faster?
The appeals court’s temporary block on the ITC’s order will allow the U.S. Customs department to consider Apple’s redesign of the offending Apple Watch models, a fix that is expected to take place by January 12. The company said in the motion Tuesday that it could “suffer irreparable harm” if the ban is kept in place while the appeal is ongoing.
Apple had already taken the offending Watch models off its online store, and Apple Store locations opened Tuesday without any of the latest top-of-the-line watches in stock. The cheaper Apple Watch SE, which was not part of the ruling, remains on sale, but the ban affects the Apple Watch Series 6 and later, and all models of Apple Watch Ultra.
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Are they still talking about just a software fix to disable their feature, sounds different? Even suggests the WatchOS current beta cycle would be pushed out faster?
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This is the sad thing that I believe has created the largest wealth gap the US has seen. It needs to end. We can love Apple products but we should love each other more. The top 1% is hoarding more and more of the cash. I run an investing company, and I really despise what I have seen over the past ten years. It’s gone so far beyond fair and just. This isn’t competition, this is a bad system to allow the top 1% to control the world in a free-market society. People on here want to complain about Europe but USB C was a good thing for iPhone. There are good things that can happen from stopping Apple and other megacorporations from preventing, buying up or stealing competitors IP, products, ideas, apps, and employees to win and eliminate competition at all cost.
So now they can continue violating a patent? That is ridiculous?
This is a major MAJOR flaw in patent law.
To be clear, I have no idea about this particular patent. I have no idea if Apple is at fault or not, though the facts seems to indicate they wronged.
The issue is as follows:
Company A, is a small to mid-size company. They invest significantly in a product and then further spend lots of money to ensure it is properly patented. Company B is a major company with two dozen in-house lawyers and a top law firm on retention. Company B knowing and intentionally violates the patents of Company A. Company A sues, at great expense, limiting cash-flow and funds for R&D.
In the end, Company A runs out of money and they loose millions in patent licensing during the years, or decades, it takes to run through the court.
Company B goes on vacation in their private jets, fully-staffed yachts with mistresses in toe, high-fiving each other, knowing they just stole millions without repercussions thus reinforcing the nefarious behavior.
Again, I'm not saying this is Apple or not. I'm saying the system is broken.
To be clear, I have no idea about this particular patent. I have no idea if Apple is at fault or not, though the facts seems to indicate they wronged.
The issue is as follows:
Company A, is a small to mid-size company. They invest significantly in a product and then further spend lots of money to ensure it is properly patented. Company B is a major company with two dozen in-house lawyers and a top law firm on retention. Company B knowing and intentionally violates the patents of Company A. Company A sues, at great expense, limiting cash-flow and funds for R&D.
In the end, Company A runs out of money and they loose millions in patent licensing during the years, or decades, it takes to run through the court.
Company B goes on vacation in their private jets, fully-staffed yachts with mistresses in toe, high-fiving each other, knowing they just stole millions without repercussions thus reinforcing the nefarious behavior.
Again, I'm not saying this is Apple or not. I'm saying the system is broken.
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I called this at the beginning - people were up in arms on Macrumors, blaming Apple for not being prepared months ago. While this is a fair point, it was obvious to me that Apple would appeal and expected an emergency stay. There was never any chance the Watch would be off the market for longer than a few days or weeks.
Now the case will be tied up in court for another year (or longer), which should give Apple enough time to develop their alternative solution, namely 1) settlement & licensing fee or 2) software workaround.
Now the case will be tied up in court for another year (or longer), which should give Apple enough time to develop their alternative solution, namely 1) settlement & licensing fee or 2) software workaround.
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It seems that the patent is directly related to HOW the data is taken in, not necessarily that it's got a pulse oximeter in general. Apparently Apple can change how that data is input and deciphered without breaking the patent law. It's not just a patent on having a pulse oximeter. And once Apple changes this, Masimo will have nothing (accept their already very large lucrative business).
Even less:
"Upon consideration thereof, 17S ORDERED THAT:
(1) The motion for an interim stay is granted to the extent that the Remedial Orders are temporarily stayed and the government is directed not to enforce the Remedial Orders until further notice while the court considers the motion for a stay pending appeal.
(2) While the interim stay is in effect, Apple must comply with the same bond requirements set forth by the Commission in the Remedial Orders governing the Presidential Review Period.
(3) The Commission's request for a five-day extension, from January 5, 2024,to January 10, 2024, is granted. Op- position to the motion to stay pending appeal is due no later than January 10, 2024, and any reply in support is due no later than January 15, 2024."
I can see why Apple wouldn't immediately start selling the watches again, although I do not know what the bond requirements are.
I guess Ill have to start digging around for the previous motion practice and orders. The fact that PACER isn't free is very out of date. Having to rely on ancillary sources to obtain documents and post them is very 1995.
If Apple disables the "offending" feature they are going to need to offer compensation to existing owners or likely face a lawsuit.
The "law" says it's okay to take someones IP and use it in your products before you either pay to license them or before patents have been invalidated? Interesting.
Please include that in your amicus curiae brief. I'm sure the court will happily accept it.
Really hard to root for the 6B company that sells this “Christmas ruiner” 🤭
Can't believe they charge that much for it
President Biden is busy welcoming over 10,000 illegal migrants per day.
Wait for it…that’s not all, folks, with your grocery store smartwatch you also get the upsell to a monthly fee:
Apple doesn't keep more than a week's worth of inventory in the pipeline, and most of what they had left probably went to the third parties that were allowed to continue selling them.
With a stay on the ban, it means Apple can begin importing them, but starting that process back up is going to take more than 1 day.
As much as I love my Apple products, I’d love even more to see Apple get humbled and knocked back down to reality for a bit.
I would hold off buying these models if you were getting it for this specific feature, if they lose, they will have to permanently disable it through a software update that you cannot decline.
Apple already has that feature installed in the latest iOS versions where they can forcibly install something.
Apple already has that feature installed in the latest iOS versions where they can forcibly install something.
I’m sure it’s more complex than that. Paying up would set a precedent and open Apple to more claims.