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Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court
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I’m just being catty, this is an FDA device that probably isn’t comparable to the more toy-like pulse ox in AW.
Although if Apple’s implementation is so medically useless…
I’m just saying we shouldn’t lose sleep for a firm that profiteers in the broken, price-gouging world of US medicine.
At the end of the day Apple has to compete on price in an open consumer market and Masimo is billing extortionate insurance companies god knows what
To quote the great Eric Bischoff..
“Controversy creates cash”
Or Vince McMahon
“All publicity is good publicity “
“Controversy creates cash”
Or Vince McMahon
“All publicity is good publicity “
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This is all about the ITC ruling, so it seems Apple will hold off selling the AW til Jan 10 when the ITC will rule whether or or Apple “SW fix” will still violate the patents in question or not.
This legal battle is far from over…
By the time this plays out they'll have a solution to avoid a ban if they lose I would imagine.
No, not true. The ban is saying they cannot import the watch, that’s as far as the power of the ITC goes.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.
Two words: “Election Day”. And while we’re at it…let’s ban capitalism.
They won't disable it for the ones already sold as that would lead to a lawsuits as people can say they paid for and got the watch based on this feature. What they could do is disable it for all watches going forward in the USA via software and remove the feature from their website. Easy to do by serial number etc.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.
Depends on the settlement or agreement to lift the ban. The mass disabling could easily be one of the requirements.
The more you look into Masimo’s watch the more horrifying it gets. I don’t think it works without the subscription!
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?
Apple has been working on a software-related fix that they believe will allow them to not infringe on the two Massimo patents. Massimo claims that the patents cover both hardware and software and that a software-only fix will not be sufficient remedy. The courts will be the ones to decide whether a software-only fix is sufficient remedy or not.
This software fix will not involve disabling the Blood Oxygen functionality of the Apple Watch Series 6-9.
That would probably be only if they lose all appeals. Apple has already invalidated three of Masimo's five patents and I believe they would have also invalidated these final two if not for a hung juror.
So Apple likely believes time and money is on their side. Massimo has already sunk a self-claimed $100 million into this legal battle and eventually their shareholders are going to want to stop the legal bleeding.
Exactly. Android literally is a walking patent infringer.
To be fair, we don't know what Massimo wanted from Apple when they met in 2013(?). Whatever it was, Apple did not want to pay it so they moved forward without a licensing deal.
Massimo could have made unreasonable demands or Massimo could have made reasonable demands, but Apple looked at their patents and felt they could invalidate them in the courts (and almost succeeded in doing so).
They didn't win or lose, this is just a stay until a ruling at a later date.
So if that becomes a requirement will apple be protected from lawsuits about removing a paid for and advertized feature?
I don’t think it’s a matter of paying money at this point…
This is getting ridiculous. The whole US patent system is broken
Apple regularly sells things with a future delivery date that can take months depending on the product and its production and delivery time. The same would apply if Apple wanted to. It seems they may hold off for the Appeals Court ruling on the stay.
I never said they did.
I am just saying at this point, might as well remove most android phones lol.
"Innovator companies and health consumers alike should be encouraged that industry giants are increasingly being held accountable for anticompetitive practices that would ultimately limit access to potentially life-saving technology." - except from AliveCore's PR statement.
Positioning any of this as "in the best interest of the consumer" is exhausting. This is, always has been, and always will be, about what's in the best interest of [insert corporation name here]'s bottom line and its shareholders. Period. It's almost like people don't understand the objective of literally every single business on the planet - profit. The math's not complicated: no profit = no business. Hard to believe I went to art school, eh? 🤪 😂
Positioning any of this as "in the best interest of the consumer" is exhausting. This is, always has been, and always will be, about what's in the best interest of [insert corporation name here]'s bottom line and its shareholders. Period. It's almost like people don't understand the objective of literally every single business on the planet - profit. The math's not complicated: no profit = no business. Hard to believe I went to art school, eh? 🤪 😂