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So this import ban only affects watches going into the US, right? I was just on the Apple Canada website and looks like I can purchase a Series 9. This made me think that for those who lived close to the Canadian border, they can cross the border to get their Apple Watch fixed in Canada. A hassle if you weren’t already going to Canada for other reasons.
 
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.
Anyone downvoting the fact Apple is using another companies technology and literally replicating it millions of times with no expected recourse has drank the Tim Cooke sauce to much.
What Apple did is theft. Grand theft, on an astronomical scale.
Imagine if one of use did this and replicated patented technology over a million times and made a billion in profit off it. We would be under a prison cleaning pipes with our bare hands for 100 years. But because Apple did it it’s okie dokie.
 
Anyone downvoting the fact Apple is using another companies technology and literally replicating it millions of times with no expected recourse has drank the Tim Cooke sauce to much.
What Apple did is theft. Grand theft, on an astronomical scale.
Imagine if one of use did this and replicated patented technology over a million times and made a billion in profit off it. We would be under a prison cleaning pipes with our bare hands for 100 years. But because Apple did it it’s okie dokie.
Using ordinary LEDs and photodiodes to measure oxygen saturation is not what I would consider "grand theft."

U.S. Patent No. 10,912,502

28. A user-worn device configured to non-invasively measure an oxygen saturation of a user, the user-worn device comprising: a first set of light emitting diodes (LEDs), the first set of LEDs comprising at least an LED configured to emit light at a first wavelength and an LED configured to emit light at a second wavelength; a second set of LEDs spaced apart from the first set of LEDs, the second set of LEDs comprising at least an LED configured to emit light at the first wavelength and an LED configured to emit light at the second wavelength; four photodiodes arranged in a quadrant configuration on an interior surface of the user-worn device and configured to receive light after at least a portion of the light has been attenuated by tissue of the user; a thermistor configured to provide a temperature signal; a protrusion arranged above the interior surface, the protrusion comprising: a convex surface; a plurality of openings in the convex surface, extending through the protrusion, and aligned with the four photodiodes, each opening defined by an opaque surface configured to reduce light piping; and a plurality of transmissive windows, each of the transmissive windows extending across a different one of the openings; at least one opaque wall extending between the interior surface and the protrusion, wherein at least the interior surface, the opaque wall and the protrusion form cavities, wherein the photodiodes are arranged on the interior surface within the cavities; one or more processors configured to receive one or more signals from at least one of the photodiodes and calculate an oxygen saturation measurement of the user, the one or more processors further configured to receive the temperature signal; a network interface configured to wirelessly communicate the oxygen saturation measurement to at least one of a mobile phone or an electronic network; a user interface comprising a touch-screen display, wherein the user interface is configured to display indicia responsive to the oxygen saturation measurement of the user; a storage device configured to at least temporarily store at least the measurement; and a strap configured to position the user-worn device on the user.
 
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Hey Apple here's a solution: disable displaying the oxygen saturation measurement on the watch and the watch will no longer infringe this claim. Instead, only display it on the phone, but not on the watch. You're welcome.

28. A user-worn device configured to non-invasively measure an oxygen saturation of a user, the user-worn device comprising: a first set of light emitting diodes (LEDs), the first set of LEDs comprising at least an LED configured to emit light at a first wavelength and an LED configured to emit light at a second wavelength; a second set of LEDs spaced apart from the first set of LEDs, the second set of LEDs comprising at least an LED configured to emit light at the first wavelength and an LED configured to emit light at the second wavelength; four photodiodes arranged in a quadrant configuration on an interior surface of the user-worn device and configured to receive light after at least a portion of the light has been attenuated by tissue of the user; a thermistor configured to provide a temperature signal; a protrusion arranged above the interior surface, the protrusion comprising: a convex surface; a plurality of openings in the convex surface, extending through the protrusion, and aligned with the four photodiodes, each opening defined by an opaque surface configured to reduce light piping; and a plurality of transmissive windows, each of the transmissive windows extending across a different one of the openings; at least one opaque wall extending between the interior surface and the protrusion, wherein at least the interior surface, the opaque wall and the protrusion form cavities, wherein the photodiodes are arranged on the interior surface within the cavities; one or more processors configured to receive one or more signals from at least one of the photodiodes and calculate an oxygen saturation measurement of the user, the one or more processors further configured to receive the temperature signal; a network interface configured to wirelessly communicate the oxygen saturation measurement to at least one of a mobile phone or an electronic network; a user interface comprising a touch-screen display, wherein the user interface is configured to display indicia responsive to the oxygen saturation measurement of the user; a storage device configured to at least temporarily store at least the measurement; and a strap configured to position the user-worn device on the user.
 
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.

So if you had AppleCare what would they have done? So now we can’t get a battery replacement only if we purchase and continue AppleCare as long as we own the watch so basically we are forced to purchase AC or we Sol if we want a battery replacement if that’s the case I’ll go back to my 5 and return the 9 and wait for the X
 
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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.
Ouch. However, this might just be resolved within a couple weeks, if anything can be done with money and that's what it usually comes down to Apple got it covered. I imagine that unless they want to re-engineer an entire AW sensor from scratch they'll have to fix this one way or another or they won't be releasing their AW X anniversary edition next year. As much of a threat as that is to the entire AW lineup that matters (nobody cares about the SE) I wouldn't be surprised if the ban is old news mid January already.
 
ugh.. I respect some (a little) of his work and struggles for right to repair... but I can't stand him and his vaguely sexist, homophobic (probably transphobic too..) ways.. He's like the most typical techbro out there. :rolleyes: (except on right to repair)
To me, he’s just whiny.

I agree with him about right to repair, but otherwise he’s just anal and obnoxious.
 
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Using ordinary LEDs and photodiodes to measure oxygen saturation is not what I would consider "grand theft."

U.S. Patent No. 10,912,502

28. A user-worn device configured to non-invasively measure an oxygen saturation of a user, the user-worn device comprising: a first set of light emitting diodes (LEDs), the first set of LEDs comprising at least an LED configured to emit light at a first wavelength and an LED configured to emit light at a second wavelength; a second set of LEDs spaced apart from the first set of LEDs, the second set of LEDs comprising at least an LED configured to emit light at the first wavelength and an LED configured to emit light at the second wavelength; four photodiodes arranged in a quadrant configuration on an interior surface of the user-worn device and configured to receive light after at least a portion of the light has been attenuated by tissue of the user; a thermistor configured to provide a temperature signal; a protrusion arranged above the interior surface, the protrusion comprising: a convex surface; a plurality of openings in the convex surface, extending through the protrusion, and aligned with the four photodiodes, each opening defined by an opaque surface configured to reduce light piping; and a plurality of transmissive windows, each of the transmissive windows extending across a different one of the openings; at least one opaque wall extending between the interior surface and the protrusion, wherein at least the interior surface, the opaque wall and the protrusion form cavities, wherein the photodiodes are arranged on the interior surface within the cavities; one or more processors configured to receive one or more signals from at least one of the photodiodes and calculate an oxygen saturation measurement of the user, the one or more processors further configured to receive the temperature signal; a network interface configured to wirelessly communicate the oxygen saturation measurement to at least one of a mobile phone or an electronic network; a user interface comprising a touch-screen display, wherein the user interface is configured to display indicia responsive to the oxygen saturation measurement of the user; a storage device configured to at least temporarily store at least the measurement; and a strap configured to position the user-worn device on the user.
When you replicate another companies proprietary and intellectual property and replicate it on mass scale and make hundreds of millions of dollars. And a patent lawyer along with the courts who do literally nothing but see these cases and HALT the sale and BAN the product suing it completely.
I would call it grand theft.
 
To me, he’s just whiny.

I agree with him about right to repair, but otherwise he’s just anal and obnoxious.
Yeah that too.. he sometimes has seemingly petty complaints about people.. from a few videos of his I watched I noticed that.. but I mean we all have flaws, I guess..
 
Anyone downvoting the fact Apple is using another companies technology and literally replicating it millions of times with no expected recourse has drank the Tim Cooke sauce to much.
What Apple did is theft. Grand theft, on an astronomical scale.
Imagine if one of use did this and replicated patented technology over a million times and made a billion in profit off it. We would be under a prison cleaning pipes with our bare hands for 100 years. But because Apple did it it’s okie dokie.

It’s also a fact that Apple managed to get all but one patent invalidated by the courts, so the reality is that this case wasn’t as straightforward as everyone is making it out to be. Not every patent held by Masimo was deemed valid when held up to scrutiny.

Patent law is that subjective, in part because it’s so easy to apply for one in the US. Masimo is well within their right to defend what they believe is their IP, while Apple is also perfectly well within their right to seek to overturn what it feels are invalid patents.

It’s just another day in business. You win some, you lose some.
 
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.
Battery "replacements" are accomplished currently, by swapping the watch.

Reading between the lines, it looks like Apple can't take any paid repairs but unpaid (i.e. covered by AC+ or warranty) are fine. I don't expect Apple is willing to cede the entire USA smartwatch industry so they WILL sort this, one way or another. Just give it a few weeks.

Options they have to resolve it include:
  1. Pay Masimo some money (or buy them)
  2. Alter the software such that it doesn't violate the patent (e.g. as suggested above, display O2 values only on the phone - not the watch)
  3. Alter the hardware such that it doesn't violate the patent
Clearly option #3 is the one that will take the longest to implement (and maybe cost the most, depending on how much #1 would cost). But they're all options. Just give it time.
 
When you replicate another companies proprietary and intellectual property and replicate it on mass scale and make hundreds of millions of dollars. And a patent lawyer along with the courts who do literally nothing but see these cases and HALT the sale and BAN the product suing it completely.
I would call it grand theft.
The original Masimo patents were for the fingertip device.

Masimo did not receive the patents Apple infringes until 2021. Until then, those patents did not exist.
 
It’s also a fact that Apple managed to get all but one patent invalidated by the courts, so the reality is that this case wasn’t as straightforward as everyone is making it out to be. Not every patent held by Masimo was deemed valid when held up to scrutiny.

Patent law is that subjective, in part because it’s so easy to apply for one in the US. Masimo is well within their right to defend what they believe is their IP, while Apple is also perfectly well within their right to seek to overturn what it feels are invalid patents.

It’s just another day in business. You win some, you lose some.
There is another reason for Apple to keep fighting. Masimo has employed what is called a patent continuation strategy where they keep filing the same patent application over and over with different claims. Recently a federal judge said that Sonos patents were unenforceable when they did same thing with their patents. So the law could change, but it is still unclear.

https://patentlyo.com/patent/2023/10/patent-continuation-strategies.html

Sonos Inc. v. Google LLC, 20-06754 WHA, 2023 WL 6542320 (N.D. Cal. Oct. 6, 2023). Judge Alsup goes on:

Trial brought to light what happened here. This was not a case of an inventor leading the industry to something new. This was a case of the industry leading with something new and, only then, an inventor coming out of the woodwork to say that he had come up with the idea first — wringing fresh claims to read on a competitor’s products from an ancient application. . . . It is wrong that our patent system was used in this way. With its constitutional underpinnings, this system is intended to promote and protect innovation. Here, by contrast, it was used to punish an innovator and to enrich a pretender by delay and sleight of hand. It has taken a full trial to learn this sad fact, but, at long last, a measure of justice is done.
 
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That's indeed the thing, Apple was the 1st to do this in smartwatches. Masimo copied Apple when they launched their own smartwatch last year.
Yes, it seems like Masimo was adapting their older patents (dating back to 2008) to cover the Apple Watch after the watch became commercially successful. That is why I think Apple has not extended an olive branch to Masimo yet. The tech was fair game until Masimo got more patents, which they are allowed to do (at least for now, see my previous post).
 
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Battery "replacements" are accomplished currently, by swapping the watch.

Reading between the lines, it looks like Apple can't take any paid repairs but unpaid (i.e. covered by AC+ or warranty) are fine. I don't expect Apple is willing to cede the entire USA smartwatch industry so they WILL sort this, one way or another. Just give it a few weeks.
I wonder if Apple will have to give free watches to people who need repair. You can't just deny repair because of your screwup.

We're talking about watches that are just over a year old at minimum, not something ancient here.
 
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I wonder if Apple will have to give free watches to people who need repair. You can't just deny repair because of your screwup.

We're talking about watches that are just over a year old at minimum, not something ancient here.
It's a tempest in a teapot so far. If the situation isn't resolved by March I'll be surprised.
 
I have a Series 7 on AC+, the 2 year period is up in mid February. My battery health has been dwindling, currently at 81%. Based on the rate of the health depletion, I assume it will be down to 79% before expiration of AC+.

The wording of the article is a bit ambiguous but, am I wrong to think that (if nothing changes by February) they will be able to swap out my watch for a replacement? Obviously, this depends on if they still have a Series 7 in my color to swap.
 
It’s also a fact that Apple managed to get all but one patent invalidated by the courts, so the reality is that this case wasn’t as straightforward as everyone is making it out to be. Not every patent held by Masimo was deemed valid when held up to scrutiny.

Patent law is that subjective, in part because it’s so easy to apply for one in the US. Masimo is well within their right to defend what they believe is their IP, while Apple is also perfectly well within their right to seek to overturn what it feels are invalid patents.

It’s just another day in business. You win some, you lose some.
One patent is enough to ban Apple Watch imports and to call it patent infringement, so I don't quite see your point. Can Apple import Apple Watches and parts, no, 'nuff said. I hope Apple settles soon, but right now, that's the way it is, Apple loses some. I happen to think patents go to far too, but that really has no bearing on Selling Apple Watches in the U.S. right now. :(. Besides, I bet Apple makes money off patents too.
 
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USA White House will save their ass, thats how the USA works helping their own companies.

Tomorrow’s the deadline. Maybe it’ll happen but it’s not looking good.

Update: I don’t think it’ll happen. It’s 12noon US East Coast time. I imagine White House is off and folks having holiday plans.

Update 2: Times up. I wonder now what will unfold. Hoping this resolves in the next couple of months!
 
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