Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court

[Glideslope]

I didn’t see that coming.

You should have. 😉

 

[spazzcat]

As expected, the ITC should have waited until courts could sort out the patent issues.

 

[thelookingglass]

As expected, the ITC should have waited until courts could sort out the patent issues.

I never understood the timing of all of this either. The ITC isn't a body that rules on patents right? So why would they be ruling on this without any clarity on the infringement part?

 

[spazzcat]

Can anyone explain why this case was only heard after the ban came into effect?

Surely it would have been better before sales were disrupted?

They had to wait until the veto period ran out.

 

[lazyrighteye]

Bad publicity has bankrupted companies, and drove people to suicide.

Dumb take.

And catapulted people to the White House. Go figure.

 

[WarmWinterHat]

And catapulted people to the White House. Go figure.

Good point.

 

[WarmWinterHat]

I never understood the timing of all of this either. The ITC isn't a body that rules on patents right? So why would they be ruling on this without any clarity on the infringement part?

The ITC hears patent disputes under section 337, which was designed to protect US industry from outside violations.

The only reason they are involved is because Apple manufactures the watches outside the US and ships them here. If they were produced in the US, the ITC wouldn't be involved.

Intellectual Property Developments | United States International Trade Commission

The United States International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that fulfills a range of trade-related mandates. We provide high-quality, leading-edge analysis of international trade issues to the President and the Congress. The Commission is a...

www.usitc.gov

 

[JForestZ34]

Funny how big business can get an appeal heard or seen so quick. Try that with a smaller business you’ll be waiting months.

James

 

[diddl14]

Anyone has a link to the Masimo patent the Apple Watch is supposed to infringe on?

(posted this also on an earlier article but so far no answer)

 

[centauratlas]

How can a US court overrule an ITC decision? If that is possible, any court in any country could do that.

Because it is a US entity despite the misleading name

 

[ProfessionalFan]

Funny how big business can get an appeal heard or seen so quick. Try that with a smaller business you’ll be waiting months.

James

The appeal wasn't heard, an emergency injunction was which is common for small and big companies

 

[WarmWinterHat]

Funny how big business can get an appeal heard or seen so quick. Try that with a smaller business you’ll be waiting months.

James

The ITC is one of the fastest courts in the US, and this wasn't a hearing.

 

[athousandbands]

Anyone has a link to the Masimo patent the Apple Watch is supposed to infringe on?

(posted this also on an earlier article but so far no answer)

US-10945648-B2 | Unified Patents

portal.unifiedpatents.com

 

[spazzcat]

Funny how big business can get an appeal heard or seen so quick. Try that with a smaller business you’ll be waiting months.

James

Big companies have better lawyers that know how to navigate the system.

 

[jz0309]

So if that becomes a requirement will apple be protected from lawsuits about removing a paid for and advertized feature?

The current ruling/ban is for future AWs, has no implication to AWs already sold.

 

[WarmWinterHat]

Anyone has a link to the Masimo patent the Apple Watch is supposed to infringe on?

(posted this also on an earlier article but so far no answer)

One of the following:

D883,279
D947,842
D962,936
D735,131

Edit: Nevermind...those are Apple patents in a counter-suit to Masimo.

 

[richard371]

The current ruling/ban is for future AWs, has no implication to AWs already sold.

That what I'm thinking but some on here think Apple will release an update to disable for all.

 

[ProfessionalFan]

That what I'm thinking but some on here think Apple will release an update to disable for all.

The likelihood of Apple having two separate software versions based on sale date is very low IMO.

 

[ProfessionalFan]

The current ruling/ban is for future AWs, has no implication to AWs already sold.

So you think Apple is going to have two different versions of watchOS based on date of sale?

 

[CWallace]

As expected, the ITC should have waited until courts could sort out the patent issues.

The courts arguably had - they invalidated three of Massimo's five patents and failed to invalidate the other two due to a hung juror.

I could see Massimo feeling they were in trouble pursuing the matter through the courts based on how their patents were being invalidated and went to the ITC to see if they could get relief via an import ban, presumably to put pressure on Apple to settle.

 

[carestudio]

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 to 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.

my point is how many lawyers Company A has to hire in order to find such flaw? I never knew you could "ban" the "ban" temporarily. Can Company B file try to ask ITC or cournt to unban the ban of the ban? lift the ban of the ban so Company A can be banned as they expected? I am so confused about all these rules, can't believe our legislators and lawyers in the United States are doing nothing but benefit themselves and know how to play around the rules they created and leave all the back doors for themselves. Who is going to protect us? didn't Company B's CEO said he believes even the world largest company is under such broken law? lol... what a drama

 

[richard371]

So you think Apple is going to have two different versions of watchOS based on date of sale?

Very easy to do based on serial number, where sold etc. They did this for years with the EKG sensor based on country. I don't think they will disable it for the ones sold etc or they would have a legal mess on their hands.

 

[Wags]

yea, I was wondering about that, they might think that stopping, starting and potentially stopping again an a couple weeks might look more ridiculous, who knows

Maybe get all stock they can to retailers. They are not banned if starts again.

 

[1129846]

The courts arguably had - they invalidated three of Massimo's five patents and failed to invalidate the other two due to a hung juror.

I could see Massimo feeling they were in trouble pursuing the matter through the courts based on how their patents were being invalidated and went to the ITC to see if they could get relief via an import ban, presumably to put pressure on Apple to settle.

Most of the time companies do both at the same time.


ITC is the big hammer generally to force a company like Apple to the table as big companies can tie up things in court for so long that the company suing is bankrupt or the case is no longer relevant. ITC is more like a stop bleeding to the company’s who patents they feel is used with out permission and faster.

The regular courts need to be faster option instead of taking years like it does now.

 

[jz0309]

That what I'm thinking but some on here think Apple will release an update to disable for all.

Yea, I know, in case that were to happen, I’d be one of the first to sue Apple for disabling a feature I paid for, and all of those who say this feature is “minimal” and “I don’t use it anyway” will be right there too.