Apple Watch Import Ban Now Official, Apple Appeals Decision

[AlastorKatriona]

Tim Cook needs to be fired immediately.

First he allows Apple to knowingly steal someone else's blood oxygen work and ship it, then he refuses to acknowledge the theft resulting in a ban that is costing Apple and shareholders half a billion dollars in sales per week for as long as it runs. He could have picked up the phone any time last week and called Masimo and settled this out and avoided the ban. He didn't. He's a failure as a leader. The momentum he inherited from Steve Job's Apple is long since expired and he can't just be a caretaker CEO anymore who tries not to mess up the growth trajectory. He has to be a real CEO, and he's not suited for it. Time for someone new, who cares more about Apple customers and Apple products than whether Apple will make 82 or 83 billion this quarter.

 

[1129846]

Kiani's already made his demands and they're nuts. Why should Apple waste their time with him when the legal system has already shown Masimo was abusing their patents (if 15/17 are thrown out after one review it says a lot about the weakness of their case) and Apple will likely win on appeal?

You can not use a ratio like that as well.

Apple has some major joke patents it tried to used in the past that got tossed. Big one flat tablet with no button on the screen…. Aka a tablet computer and it got tossed and all following patents based on that one.

It could simplely be a lot of those 15 patents had things based one one of the other patents that got tossed and fast daisy chain.

Does not mean anything as 2 of the patents are key.

The patent system has been abused by tech companies for a while and one for worse offenders is Apple making a ton of really stupid patents.

 

[1129846]

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

Then Apple can choose not to put the tech in the watch and not use the feature. Apple did not choose that option. It Masimo patent and they could even say no to licensing it at all and Apple is banned from using it. They might of even put an insane value to discourage others from using it but if they want to use it for that price they will let it happen.

Yeah, this situation is actually very risky for Masimo. They should blink right now and start negotiating to license their tech for a reasonable amount.

Right now Apple is in the risky spot and Apple more has to pay the unreasonable fee as they choose not to do it earlier

 

[nt5672]

"Forgot"? What makes you think that? Apple stole the technology with full knowledge that it was illegal. That was the business decision. This isn't some "mistake".

Can't disagree, but my first engineering manager used to always remind me of Hanlon's razor , "Never attribute to malice that which is adequately explained by stupidity." In this case, I think that "incompetence" could easily replace "stupidity".

 

[Apleeseed84]

So you can’t still buy watches from apple.com? They are both unavailable still

 

[gank41]

So you can’t still buy watches from apple.com? They are both unavailable still

I'm pretty sure this means they're still able to sell them at 3rd party stores like Best Buy and Target. Any stock Apple has will most likely all go to them, and then this "pause" allows them to continue importing more to fill their stock and probably move them to those same 3rd party stores.

 

[dampfnudel]

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).

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

Says who ?

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 !

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 …

Even Apple knows they’re pushing the limit after using the same design (more or less) for ten years. Too many rumors to ignore on a redesign of the Series X/10.

 

[FlyingDutch]

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

Apple is doing dirty moves with prices, for sure, but if Masimo is really asking $100 for a single Apple Watch the request is just ridiculous and Apple’s reaction is more understandable. It is a minor part of the smartwatch, and a basic Apple Watch is priced $399.
And, by the way, Masimo isn’t selling the sensor. We are just speaking about IP.

 

[FlyingDutch]

Even Apple knows they’re pushing the limit after using the same design (more or less) for ten years. Too many rumors to ignore on a redesign of the Series X/10.

Ultra is a redesign. They could change something, but I can’t see a big redesign.

 

[1129846]

Apple is doing dirty moves with prices, for sure, but if Masimo is really asking $100 for a single Apple Watch the request is just ridiculous and Apple’s reaction is more understandable. It is a minor part of the smartwatch, and a basic Apple Watch is priced $399.
And, by the way, Masimo isn’t selling the sensor. We are just speaking about IP.

Thing is masimo could have not wanted to even license the ip to Apple which is in their rights. The 100 a watch is the we don’t want to but if you pay this crazy price sure.

Apple has no right to the ip.

 

[gank41]

Thing is masimo could have not wanted to even license the ip to Apple which is in their rights. The 100 a watch is the we don’t want to but if you pay this crazy price sure.

Apple has no right to the ip.

AGAIN PEOPLE---

This isn't about Apple having a pulse oximeter built into the Apple Watch. It has to do with the algorithm used to decipher the data received by the sensor. Apple needs to alter that algorithm and then they'll be in compliance. And then Masimo will have nothing but their expensive watch and their very lucrative business.

Hence, a watchOS update to "resolve" the issue. When they say it doesn't impact earlier models, that's because Apple doesn't sell "earlier models", they only sell the current version, and this only impacts models that are on sale today.. The SE can still be on sale because it doesn't have a pulse oximeter.

 

[1129846]

AGAIN PEOPLE---

This isn't about Apple having a pulse oximeter built into the Apple Watch. It has to do with the algorithm used to decipher the data received by the sensor. Apple needs to alter that algorithm and then they'll be in compliance. And then Masimo will have nothing but their expensive watch and their very lucrative business.

Hence, a watchOS update to "resolve" the issue. When they say it doesn't impact earlier models, that's because Apple doesn't sell "earlier models", they only sell the current version, and this only impacts models that are on sale today.. The SE can still be on sale because it doesn't have a pulse oximeter.

People keep repeating this algorithm argument yet Apple has had how many years to come up with a software solution and failed to do so. It has been pointed out that it is a strong case of a hardware and a software combination making it impossible to do with out a hardware change.

I more was pointing out unreasonably fee is more of the I don’t want to let you use it amount but if you will pay that amount sure. I have don’t that type of BS to deal with some recruiters for WITCH companies in my field. I give them a go away price that even I know is unreasonable high salary demand but if they are willing to pay it then sure I will talk and entertain it. It is the go away price I don’t want it.

 

[FlyingDutch]

AGAIN PEOPLE---

This isn't about Apple having a pulse oximeter built into the Apple Watch. It has to do with the algorithm used to decipher the data received by the sensor. Apple needs to alter that algorithm and then they'll be in compliance. And then Masimo will have nothing but their expensive watch and their very lucrative business.

Hence, a watchOS update to "resolve" the issue. When they say it doesn't impact earlier models, that's because Apple doesn't sell "earlier models", they only sell the current version, and this only impacts models that are on sale today.. The SE can still be on sale because it doesn't have a pulse oximeter.

You could be right, but are you sure Apple is able to develop a different algorithm good enough ?

 

[FlyingDutch]

People keep repeating this algorithm argument yet Apple has had how many years to come up with a software solution and failed to do so. It has been pointed out that it is a strong case of a hardware and a software combination making it impossible to do with out a hardware change.

I more was pointing out unreasonably fee is more of the I don’t want to let you use it amount but if you will pay that amount sure. I have don’t that type of BS to deal with some recruiters for WITCH companies in my field. I give them a go away price that even I know is unreasonable high salary demand but if they are willing to pay it then sure I will talk and entertain it. It is the go away price I don’t want it.

Pointed out by whom ? Maximo’s PR ?
Are you aware Apple’s developers team is waaaay bigger than Maximo’s (and they even hired many of their former engineers) ?

 

[dampfnudel]

Ultra is a redesign. They could change something, but I can’t see a big redesign.

Apple filed a patent a few years ago that might be what we’re getting. If that’s what we’re getting, it would be a design change that current AW owners would notice right away when they see a person with one on their wrist.

 

[dampfnudel]

AGAIN PEOPLE---

This isn't about Apple having a pulse oximeter built into the Apple Watch. It has to do with the algorithm used to decipher the data received by the sensor. Apple needs to alter that algorithm and then they'll be in compliance. And then Masimo will have nothing but their expensive watch and their very lucrative business.

Hence, a watchOS update to "resolve" the issue. When they say it doesn't impact earlier models, that's because Apple doesn't sell "earlier models", they only sell the current version, and this only impacts models that are on sale today.. The SE can still be on sale because it doesn't have a pulse oximeter.

If all it takes to bring the Apple Watch into compliance is a change to the algorithm in a software update, why didn’t Apple do that already to avoid all of this?

 

[gank41]

If all it takes to bring the Apple Watch into compliance is a change to the algorithm in a software update, why didn’t Apple do that already to avoid all of this?

Maybe because they didn’t believe they had to? This has been going on for a long time. I found this explains things a little better-

Why Masimo thought it could take on Apple

Masimo seems confident it can win its case against Apple.

www.theverge.com

 

[dampfnudel]

Maybe because they didn’t believe they had to? This has been going on for a long time. I found this explains things a little better-

Why Masimo thought it could take on Apple

Masimo seems confident it can win its case against Apple.

www.theverge.com

Or it’s possible that they experimented with a new algorithm months ago and the results weren’t good. Maybe the accuracy was reduced to the point of being useless. It looks like they’re still hoping that the courts will save them or if push comes to shove, a licensing agreement with Masimo.

 

[1129846]

Maybe because they didn’t believe they had to? This has been going on for a long time. I found this explains things a little better-

Why Masimo thought it could take on Apple

Masimo seems confident it can win its case against Apple.

www.theverge.com

No one is that stupid to not prep. They would have had this prepare ahead of time. Big time after they lost to the ITC and knew the ban was coming.


It is called the just incase move. I have done it and had work for a lawsuit just incase the company lost and so we had a back up plan to throw in.

 

[Alameda]

Tim Cook needs to be fired immediately.

First he allows Apple to knowingly steal someone else's blood oxygen work and ship it, then he refuses to acknowledge the theft resulting in a ban that is costing Apple and shareholders half a billion dollars in sales per week for as long as it runs. He could have picked up the phone any time last week and called Masimo and settled this out and avoided the ban. He didn't. He's a failure as a leader. The momentum he inherited from Steve Job's Apple is long since expired and he can't just be a caretaker CEO anymore who tries not to mess up the growth trajectory. He has to be a real CEO, and he's not suited for it. Time for someone new, who cares more about Apple customers and Apple products than whether Apple will make 82 or 83 billion this quarter.

Yeah, right. It was genius!
“Hurry and buy an Apple Watch for Christmas, before the ban goes into effect on December 26!”

 

[tivoboy]

Get ready to have your AW 9 or AWU2 borked

Redesigned Apple Watches not subject to import ban, U.S. Customs says

The import ban, issued by the U.S. International Trade Commission, applies to Apple's current Series 9 and Ultra 2 watches.

www.cnbc.com