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Employee poaching is not an illegal thing. And is prevented by paying employees competitive market prices for their individual value to stay.
There is truth to this but it also happens that low level employees with inside knowledge can jump ship, can't pay them all six figure salaries.
 
Perhaps it's still too early to say, but this seems like a bad move on Apple's part. Were they counting on winning the case with the ITC and did not have contingency plans that would not make them look ugly?
 
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Perhaps it's still too early to say, but this seems like a bad move on Apple's part. Were they counting on winning the case with the ITC and did not have contingency plans that would not make them look ugly?
They can't file an appeal until the presidential review period ends. Hands are tied now, should have done something months or years ago I suppose.
 
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The way this has been described -- Apple pays Masimo a visit, talks about a partnership, then suddenly several key Masimo employees are working at Apple reinventing Masimo's wheel -- feels absolutely like something our Apple would do. Apple is so addicted to high margins that it's practically allergic to paying up for things it wants. Remember how they pay ARM thirty cents per chip?

Bad comparison. That 30 cent is PER CHIP, so when you factor in how many iPhones are sold per day, that number adds up. Not to mention, Apple is one of the founding backers of ARM helping in it's creation in 1990 so they're grandfathered in.
 
They lost the ITC case back in January, so they've had time.

I love my Apple gear, and watch, but Apple is the bad guy in this battle.
But not enough time to change the product? The ITC didn't finalize the order until October. Not sure what else they could have been doing other than extending an olive branch to Masimo, which apparently they have little interest in doing.
 
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They can't file an appeal until the presidential review period ends. Hands are tied now, should have done something months or years ago I suppose.
Right. That's what I mean, that their contingency plan should not involve any move that makes themselves look "ugly". To me, having to declare a halt to sales due to these legal issues makes them look "ugly".
 
Right. That's what I mean, that their contingency plan should not involve any move that makes themselves look "ugly". To me, having to declare a halt to sales due to these legal issues makes them look "ugly".
Yes, I agree this is ugly but so would be preemptively disabling or removing a feature that has existed for years.
 
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I don't understand - Apple sells something like 50 million watches a year, why can't they just pay them a royalty per hardware device and move forward? Seems like it was unnecessary for things to get here, Apple shouldn't have ever let things get to this point where their product is getting banned. Time for Tim to open the checkbook, and they now have no leverage because they refused to settle earlier in the process. It's gonna be costly, but maybe a good lesson for the company.

I also hope the Biden admin doesn't step in try to veto this ruling. No need to bail out the biggest company in the world.
 
Apple really doesn’t like defensive patents (typically depicting a superficial hardware design) used against them. I wouldn’t be surprised if Apple weaponizes their own patents against Misamo to make sure nobody thinks they can pull something like this off.

I think by technical fix, Apple means a hardware tweak for newly manufactured watches. Someone probably got their signals crossed when suggesting a software fix.
 
The ITC is administrative not judicial. There was a mistrial in federal court.

The ITC ruling stands with imports unless the president intervenes, which he doesn't seem to be interested in.

If Apple can't import them, it makes no difference who wins, unless they start manufacturing them in the US.
 
I don't understand - Apple sells something like 50 million watches a year, why can't they just pay them a royalty per hardware device and move forward? Seems like it was unnecessary for things to get here, Apple shouldn't have ever let things get to this point where their product is getting banned. Time for Tim to open the checkbook, and they now have no leverage because they refused to settle earlier in the process. It's gonna be costly, but maybe a good lesson for the company.

Because this is Tim Cook's Apple. If they can't make ALL the money they might as well be making no money. It's also why they were so hellbent on trying to stop the EU USB-C mandate since it would mean giving up the MFi Program free profits every year, as they made $3 per sale of each lightning connector for third party iPhone accessories. It's also why they're trying everything they can to keep themselves from having to enable sideloading on iOS/iPadOS as that would mean giving up more free revenue from being the only app store on the iOS market
 
The contingency plan, for those that keep asking, is simply money.

Apple doesn't want to pay. We know that. That's the only hiccup.
 
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Masimo wants an apology and an "honest dialogue" as part of any settlement discussion.
Will the "honest dialogue" involve him explaining why the Masimo W1 gives off such strong "we have Apple Watch at home" vibes? 🤪

fitnesswatches-d0574d43351844b0b1beefc729958734.png
 
I don't understand - Apple sells something like 50 million watches a year, why can't they just pay them a royalty per hardware device and move forward? Seems like it was unnecessary for things to get here, Apple shouldn't have ever let things get to this point where their product is getting banned. Time for Tim to open the checkbook, and they now have no leverage because they refused to settle earlier in the process. It's gonna be costly, but maybe a good lesson for the company.
It isn’t the algorithm they want licensed. By licensing they would probably want to sell complete systems (i.e. completely design the sensor and software in the Apple Watch) like they do with their licensees and take a hefty cut. I don’t think Misamo does typical IP licensing. Obviously Apple wouldn’t be onboard. Apple might also take this on principle since the patents in question are the sort that are usually used defensively except by patent trolls.
 
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