Of course this is completely true. But Masimo will lose here for sure. Apple will just change enough steps to no longer infringe.
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Masimo CEO on Looming Apple Watch Ban: 'These Guys Have Been Caught With Their Hands in the Cookie Jar'
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All thata missing from this story is the sex. Where is the sex?! You got the product you got the style but ?
And maybe that's why neither of us here are running trillion dollar companies.
Right now, it feels like Apple is trying to make the best out of a bad situation. By announcing that Apple Watches will stop being sold next week, they are basically creating a mini-surge in demand. Knowing Tim Cook, I wouldn't be surprised if Apple had been silently ramping up supply leading up to this. The end result is that for the current quarter at least, Apple should not see any noticeable drop in sales (they are hoping to pull forward any demand to this current week). This buys them a little bit of time to consider their next move.
In the medium run, Apple may be hoping for a presidential veto (which probably wouldn't happen, as both companies are US-based), but I don't blame Apple for gunning for an outcome which, by your very admission, could well save them hundreds of millions of dollars every year.
I won't even put it past Apple to temporarily disable the blood oxygen sensing feature in their Apple Watches via a software update while they take the time to figure out what's next.
Only when they have exhausted all other options will they finally deign to sit down and negotiate with Masimo, and even then, only as a last resort.
Something tells me this case is far from over.
There is no chance they were working at Masimo without an invention-assignment-agreement in place stating that they sign over any work-related invention they produce during their employment to the employer.
Just because you know little, if anything all about a company doesn't mean that they don't matter.
They have employees, those employees have families..
lets now be Apple, Apple, Apple and that any company that tries to sues them for a valid reason is irrelevant.
Apple is not the only company that matters in this world..
They have employees, those employees have families..
lets now be Apple, Apple, Apple and that any company that tries to sues them for a valid reason is irrelevant.
Apple is not the only company that matters in this world..
Yeah, at a lot of places the inventors get a small bonus for doing this because otherwise there is no incentive for them to patent their work-related inventions.
Well, this is the kind of thing I used to see Microsoft do and get away with it. Apple has shown a lack of concern for working with other companies when it comes to what they want. They can do better than that. At some point, they must do better, in order to sell products.
They are at that point.
Which gives them the resources to fight Apple's claims (unlike other companies who have lost ideas to Apple). While I like Apple products, I wish they wouldn't screw the real innovators.
Nah but I lived in Marshall Texas for a decade, the Patent Troll Capital of America. Seen sooo many of these cases come and go and it was always the jury of rubes falling for the “plucky American self starter takes on the meany giga bully” nonsense.
This patent troll of a company is pretty ****in shameless. I hope they get what they deserve, playing chicken with the biggest company in the world over a feature that actually improves lives.
IF they were going to do that - you'll see a wave of lawsuits coming, me included, so I do not believe that will happen.
The ITC ruling doesn't prevent existing watches from using the sensors, just stop the import/sale.
The piece that bothers me in this is how long Apple appears to have been mulling this over, the verdict came in October, so there was no need for a "rush" for a "software fix", and I need to dig in further to see when this actually started, I mean when Massima first sued Apple for patent violations
This is, at best, disingenuous.
The reality is that the patents at issue represent combinations of hardware and software.
All 5 of the relevant patent claims refer to a processor (or processors) being configured to do x, y and/or z. If the software is changed so that the processors don't do those things (e.g. receive a temperature signal and adjust operation accordingly), then the patent claims are no longer infringed. So I think there's little question that Apple could fix the violations through software. The real question is, can they do that in a way that doesn't limit the functionality of already sold (by Apple) devices and in a way that isn't otherwise really bad from a PR standpoint.
Apple will change the algorithm and beat the band and just wait them out until they’re patent expires or they can just do a hostile takeover of the very, very small company
Please, would just one of the so-called "journalists" covering this bother to read the patent and write about what exactly is covered and not covered by them?
Everything I read online is "cut and paste" from other sources and no one bothers to collect facts.
Everything I read online is "cut and paste" from other sources and no one bothers to collect facts.
You clearly don't understand what a patent troll means.
Masimo might be open to licensing if that’s the fastest option to bring this to resolution.
Hmm, what if it applies to Apple Watches sold after 26 Dec? Meaning existing watches still work as advertised, subsequent models ship with said feature disabled, maybe with a small discount. No guarantee if Apple will re-enable them later if they find a resolution.
If Apple wanted to settle with Masimo, I imagine they would have gotten down to it by now.
Well, the info that has been shared here suggests that the U2/AW9 will continue to be available for sale everywhere else other than Apple themselves, and it applies only to the US.
So IF Apple were to “disable” SpO2 and market it accordingly, then I guess that would be ok.
And I agree, Apple sure is taking its time with this, “hoping” for presidential veto does not sound like a strategy at all, so who know what is going on
The problem is that people don't know the difference between Hospital-grade machinery and smaller devices for personal use devices. Procession professional hospital machinery needs to be trained and periodically maintained by highly skilled tactical people for calibrations etc. Devices for personal use give an approximation of readings.
That's the quick way out of the immediate impasse. As for what to do next, if the patents are on the hardware itself then it's time to return to the negotiating table and work out the royalty deal.
I wonder if Masimo will go after the employees who violated their NDA? Did Apple indemnify the employees they poached against suits for NDA violations?