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Sadly, patents are often issued without complete research about prior art; the research does not really take place until these battles happen. And then the tech guys have to come out and figure things out.
BTW, still waiting to hear the terms that Masimo is willing to accept. Some rumors have some outrageous claims.
 
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Sadly, patents are often issued without complete research about prior art; the research does not really take place until these battles happen. And then the tech guys have to come out and figure things out.
BTW, still waiting to hear the terms that Masimo is willing to accept. Some rumors have some outrageous claims.
100 bucks per watch is beyond ridiculous.
 
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Geez. I'm still in my return window for my Ultra 2 thanks to the extended window we get for Christmas, so I'll be keeping an eye on this. No resolution before then and I think I'll probably just return it to see how this all shakes out.
This does not affect your AW in any way. By the time it could become an issue on the small chance your AW develops problems soon after the warranty expires a year from now that import ban will be history. In fact, if I didn't already have an AW I am planning to keep for a while I'd have bought one during one of the most recent sales as it's pretty much the best smartwatch on the market and if scalpers ended up buying the remaining stock now I wouldn't pay those prices.
 
Simple solution for Apple that is holding stock of these watches in various degrees of build is to just remove the oxygen sensor and other electronic components that are specifically related to the sensor. Just make sure the components are not populated on the PCB. the watch should still function with those parts removed, just sell the watch under a different model number. No need to have the watch PCB redesigned, just not populate the PCB with components related to the oxygen sensor. If Apple wins their case all they have to do it get the next batch of watch PCB's populated with the electronic components again. If they lose, just leave the components off.
 
Well that sucks. I managed not to succumb to the temptation of purchasing a Series 9 when the news hit, because I decided that my Series 6 is working fine except for an aged battery, which is only a $99 fix out of warranty vs $500 for a new watch. Damnit.

ETA: Welp, I made an appt at the Apple Store and took it in, and they said that they stopped out-of-warranty service on the Series 6 on Dec 21st. I'm crestfallen all over again.
 
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Apple is getting the relevant claims of the patens invalidated for about a dozen Masimo patents due to prior art.

In the initial finding from ITC, the administrative judge found Apple breaking a lot of claims of several patens. When the full ITC dismissed a lot of it and found only Apple breaking 5 claims split across two patents.

My point being that it's not entirely clear when a product breaks a claim in a patent when even people in the ITC disagreed.
That is why I think the appeal will change things yet again. Could be good or bad for Apple, depending on which way the court goes.

Sadly, patents are often issued without complete research about prior art; the research does not really take place until these battles happen. And then the tech guys have to come out and figure things out.
BTW, still waiting to hear the terms that Masimo is willing to accept. Some rumors have some outrageous claims.
It is difficult to know what prior art is going to do to you (unless it is exactly the same), so even extensive searching is no guarantee. However, in this case Apple was well aware of Masimo's patents, so what's the excuse? All I can think is that Apple believed that their product didn't infringe or the patents were invalid. Risky moves either way.
 
There seems to be a misunderstanding about what this means. From what I read, Apple will not be able to replace these devices out of warranty until the ban is lifted. If you have AC+, you will be covered like normal. If you don’t have AC+, I would absolutely try to get it immediately as a precaution. I think you can also continue to renew if you’re at the end of your current coverage (not positive though).

Well that sucks. I managed not to succumb to the temptation of purchasing a Series 9 when the news hit, because I decided that my Series 6 is working fine except for an aged battery, which is only a $99 fix out of warranty vs $500 for a new watch. Damnit.
The AppleCare+ on my black titanium series 6 just ran out, but I was able to extend it for $5/mo. My battery is getting low, and I want to be able to replace it. Apple is still extending warranties past the ban date.
 
I was planning to get a battery service on my series 6 after Christmas as it's at 77%. I turned of the AOD, so I still get through a day with workout and a GPS-recorded 60 min run.

Ah well. I can hold out for a few more months, if need be. I have no interesting in buying a newer model, even though my face is scratched to hell and back.
 
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What a disaster for existing and potential Apple Watch customers. If Apple doesn’t rectify this before the ban goes into effect, they will be raked over the coals and deserve it.
It is all Apple's fault.

(1) they designed a product that can not be repaired. Apple has to replace it if it breaks. How dumb. What if car companies did this? Just give you a new car if a light bulb burns out. Apple is selling very expensive watches that can't be repaired.

(2) they blatantly stole technology they could have bought cheaply. After all an entire pulse oximeter sells retail at Amazon or Walmart for under $20 or directly from China for $5. What did Apple save by stealing it, fifty cents per watch?
 
What is in the patent? Why is it ridiculous?

All the articles about this are copy/paste with not one author reading and quoting the actual patent.
These are the patents: U.S. Patent Nos. 10,912,502 and 10,945,648

Here is a link to the ITC notice: https://www.federalregister.gov/d/2023-24071

The ITC found that "Apple has violated section 337 as to claims 22 and 28 of the '502 patent and claims 12, 24, and 30 of the '648 patent."
 
The AppleCare+ on my black titanium series 6 just ran out, but I was able to extend it for $5/mo. My battery is getting low, and I want to be able to replace it. Apple is still extending warranties past the ban date.
Welp, I made an appt at the Apple Store and took it in, and they said that they stopped out-of-warranty service on the Series 6 on Dec 21st. I'm crestfallen all over again.
 
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Lol
I find it super hilarious the same people who want Apple to fall are complaining about not being able to service existing customers.

This is like complaining why doesn't Apple just pay the patent license but also complaining about why Apple products are rising in costs.

Embarrassing customers.
Your going to have a lot of lol in your life with that twisted logic.
 
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All the blame lies with Masimo on this. The bulk of these patents (15 of 17) have been invalidated by the Patent Trial and Appeal Board, and when it went to trial Apple had all but one juror agreeing with them (which meant it was declared a mistrial). Even the ITC wasn't unanimous on this ban decision.

Apple is also suing Masimo for their W1 watch, stating that Masimo has used these lawsuits to gain access to source code and confidential information which they then used to develop their own device.



Everyone can think this is Apple being a bully, but it sure reads different when you see the actual facts.
Apple fanboy rejects patent claim. Forum still waiting on formal response from Masimo.
 
What about battery replacements? that's not repair, since nothing is broken except a part that has a limited lifespan needs to be replaced. My S8 is just over a year old and the battery is at 92%. it's wearing faster than any of my previous watches.
 
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