Live by the patent die by the patent. Hope Apple has to settle and pay out and or the watch remains banned until Series 10 without the blood oxygen. Glad David is winning against Goliath.
This is an indefensible take unless you think the “little guy” (comparatively speaking - Masimo is a multi billion dollar company) winning is a good unto itself, which is laughably simplistic. An import ban is bad for the public, full stop. And since patents only ultimately exist to advance the public good, a result that is obviously bad for the public shouldn’t happen under a properly functioning patent system.
and you very well know that the statement I bolded is just simply incorrect
Not at all. I’ve never used mine once. I’ve talked to other Apple Watch users and prospective buyers countless times and never once heard someone mention blood ox. Anecdotal, sure, but I doubt most users know it’s there, let alone buy for that feature.
if the law is bad - change it
as for disabling SpO2 - you really think Apple would get away with that without lawsuits from customers?
Changing the law is exactly what I’m advocating, thanks.
disable on new sales.
How would you suggest that to work? E.g. who sets the price, or the licensing conditions?
I understand there are e.g. patents subject to FRAND licensing, but FRAND licensing agreements are entered voluntarily and are typically limited to patents essential to implement a standard, which limits their extent quite significantly.
Negotiation in the first instance, and binding arbitration (with an evidentiary hearing) if that fails to produce an agreement. it’s a minor feature in a consumer product with a fixed price. Not exactly unknowable.
