Apple Watch Import Ban Now Official, Apple Appeals Decision

[michaelsviews]

May want to mention that Apple will not be able to service certain watches either.

“In a potential headache for owners of the Apple Watch Series 6, 7, and 8 — all of which include the blood-oxygen feature — out-of-warranty watches won’t be eligible for hardware repairs until the ban is lifted.”

Apple to Fight Watch Ban in Court After White House Declines to Act

Apple Inc., seeking to defend a business that generates roughly $17 billion a year, is appealing a US sales ban of its smartwatches after the White House refused to overturn the measure.

www.msn.com

But they can service one if it was purchased before today the 25th, correct?

 

[jaw04005]

How dare you. This is the most American thing you need to support Massimo. Kiss their feet.


lol - 😂 my friend. Oh my friend. Are you looking for sympathy for Apple who is clearly in the wrong here?

Apple loses my friend. I hope mosimo gets their fair share.

Who's mosimo, my friend?

 

[Johnny Steps]

I always find it funny that some of the people who probably support this ban probably use Apple Watch as well.

 

[Packers1958]

That will teach them. Don't steal.

 

[svish]

Not expecting the watches to be back in Apple stores in the very near future. Hopefully the software fix can help Apple

 

[FlyingDutch]

People don’t seem to be in a hurry to buy up stock. I guess it would’ve been a different story if this was the redesigned Series X/10 being sold and now banned. Speaking of next year’s redesigned Apple Watch, I hope this gets resolved soon so Apple will be able to include an oxygen sensor in that model. I’m interested in getting the AW Series X/10.

What does that mean ?? We don’t know if Series 10 will be redesigned and this is pointless. They are selling Series 9 and Ultra 2, as of today. And they are still selling them all over the world by the way (the ban is US only).

if the law is bad - change it
as for disabling SpO2 - you really think Apple would get away with that without lawsuits from customers?

Exactly . People bought a watch with SpO2 and they are expecting it to works properly.

Oh well. The SE is way more than good enough.

Says who ?

Do more research ON FACTS.

Apple actually actively poached researchers FROM from Massimo since 2013. Go ahead and LOOK UP.

Then Apple decided to release products that had technologies with patent on!

Please be an INFORMED fanboy!

Companies doesn’t “own” employees, so Apple and everyone else is allowed to offer for a better contract.
The patent violation has nothing to do with hired researchers.
If I want to expand my market, I’m not going to hire new guys freshly graduated from universities, but I will look for experienced people already working in the field.
Please be an INFORMED hater !

"Finally, Masimo will not suffer any cognizable harm, as it does not sell a competing product in the United States in any meaningful quantities (if at all)," continues Apple's filing. "Tellingly, the Commission's decision acknowledged that Masimo would not suffer any significant monetary harm from a stay."

This is why the ITC decision (and the lack of action by the current administration) is puzzling. Consumers aren’t deciding between Apple and Masimo for a smartwatch purchase — most probably haven’t even heard of Masimo. They work in different markets, so a stay is the very least that should happen. The harm is against Apple and consumers, not Masimo.

Very weak point on their part. Even if they are not competing in the same sector, Masimo is not a patent troll so a negotiation should have been made for their IP. A very bad call by Apple’s lawyers …

 

[ChrisA]

I always find it funny that some of the people who probably support this ban probably use Apple Watch as well.

Yes. That would be me. I have a brand new Series 9 watch and I think Apple did the wrong thing here. I suspect that this mistake will cost Apple many millions of dollars but even a few billion dollars is just pocket change for Apple. I think Apple will have to settle with Masimo but now Masimo can ask for a MUCH higher price.

 

[FlyingDutch]

maybe apple should just buy masimo? might be cheaper in the long run....

Do they have an interesting IP portfolio ? We don’t know… Apple does, and they decided not to goes that way.

 

[FlyingDutch]

Read the patient. It is very obvious what is covered and the language is not very technical. Masimo seems to have invented something basic and new and has a fundamental patent. It is as if they came up with the idea that round objects can be used as "wheels". There is no way to make not-round wheels. roundness is not just a detail that could be done with some other shape. Masim's patent is kind of like roundness. They invented the idea of using coloreed LEDs that are held in place in the skin, even the idea that there needs to be a "bump" on the device to force the LED into skin contact. There is no "software fix" for this. Look it up. The patent is online

This is a valid point. Apple may be wrong indeed, but the US patent system is seriously flawed in its principles.

 

[XXPP]

Apple hasn't stolen anything from anyone, but the patent system allows for patenting obvious solutions. The USA is a failed state, China is just laughing.

 

[return2sendai]

OMG! How will all you Americanos cope?

 

[bsolar]

But they can service one if it was purchased before today the 25th, correct?

Yes as the import ban does not apply to parts required to repair devices under warranty.

 

[macduke]

What a complete and total embarrassment and failure for everyone at Apple Inc.

How long until the lawsuits begin flowing because Apple can’t service these watches under warranty? When servicing they replace them with new ones and there is currently an import ban. I hope nothing happens to my Ultra 2!

 

[Apleeseed84]

How much further would innovation be if not for the patent system. Humans would probably be able to get beyond the Milky Way galaxy if not for all the greed on earth.

You know, I was pondering that today, we literally created our own problems, I guess way down the line we got greedy and money became the norm, but seriously this is what‘s holding us back.

 

[ZebedeeG]

Doubt it'll do Apple much harm - I bet there's a lot of people thinking right now...

"Well, I never knew you could get a watch with an blood oxygen sensor... I really must get myself one of those!"

 

[technole]

But they can service one if it was purchased before today the 25th, correct?

Only watches that still are in warranty or have active Applecare+

 

[Darren.h]

looks like series 10 Apple Watch for me

 

[Applɘ Aꙅylum]

I regretted buying AW6 40mm (PRODUCT RED) 2 years ago. But it was $249.

Now I don't after grabbing AW9 45mm Midnight Sport Loop last Saturday at Bestbuy.

Easy on my eyes! Worth my money.

 

[coolfactor]

Hopefully the board seriously considers holding Tim Cook responsible.

We've got the best devices on the planet under Tim's leadership. Envy of the industry. The reason the Samsungs and Googles have "equally good" devices is because they followed Apple's lead on industrial design.

But this Watch situation is proof that Apple is not perfect. I'm sure they felt their own contribution to the finished product would be enough to differentiate it from the patents, but that was a big miscalculation.

The question is — is there even another way to do this, or does Masimo own the rights to the *only* way?

 

[threesixty360]

This all feels like an issue with timing for Apple. The latest versions of the watch have very little changes in them. Which leads me to believe they have a significant redesign in the works that wasn’t ready in time. I feel like that redesign deal with this patent issue.

So it’s a business calculation. If Massimo wants $100 per US Apple Watch, how much is that worth vs lost revenue for say 3 months? Probably not that much and not 6b it would cost to buy Massimo and deal with the headache of having a company they don’t need.

I think they will have a new Apple Watch in Q1/Q2 at latest. I suppose if disabling the tech would have solved the problem Apple would have done it by now. So it needs an actual new product design. I just think Apple can afford this blip and benefit from making sure that companies know it’s not easy to shake down Apple, even if they are right or wrong, it doesn’t matter.

If eventually Apple wins in court they’ll get the money back from Massimo they lost with the sales ban. So I think it’s pretty high stakes from Massimo. For Apple it’s a minor issue financially, more of a PR problem than anything else.

 

[Abazigal]

Hopefully the board seriously considers holding Tim Cook responsible.

Responsible for making Apple more money than ever, probably.

Seriously, don’t you think you are all a little too eager to gloat and declare Apple the loser here? When in reality, the battle is far from over?

 

[gank41]

Reading into more of this, looks like Apple and Masimo were talking about a partnership/acquisition, but then something something something they stopped and Apple started "poaching" employees. People are free to work wherever they want. Both companies are VERY large (no David v Goliath here, more like big Goliath v bigger Goliath), and actually Apple is suing Masimo in Delaware for Patent Infringement. This back & forth has been going on with them for 10 years now.

https://cdn.arstechnica.net/wp-content/uploads/2023/10/apple-v-masimo.pdf

If Apple is readying a fix for this, which my understanding just means a better/different way of analyzing the data the Watch collects? Apple could totally sue them again for loss of revenue for sure. No one for sure knows what was said behind closed doors, but everyone's so quick to point the finger at Apple. Sure, they Sherlock apps from people all the time, and there's a ton of patent trolls that go after a cash grab with them all the time. This is different in that the two companies have been working to try and resolve this for a decade. How long has the Apple Watch been out now? 2015? So they've been working with Masimo longer than the Apple Watch has even been out. A watchOS update could solve almost all of their problems, putting Masimo in quite the predicament.

 

[DaveTheRave]

How much further would innovation be if not for the patent system. Humans would probably be able to get beyond the Milky Way galaxy if not for all the greed on earth.

Wrong. The patent system created incentives for inventions to be made. Why allow others to profit off your blood, sweat, and tears?

 

[DaveTheRave]

Masimo wanted like 100 $ per Watch sold. Which is insane.

And Apple charges $100 or more to upgrade RAM. Companies can make their own pricing decisions when they sell their products.

 

[Mcdevidr]

Hopefully the board seriously considers holding Tim Cook responsible.

They will by upping his pay. Just wait for the news article later this year saying he cashed out another 150 million in stock.