What no one's mentioned here is: this is an International Trade Commission ruling, not a US court or PTO ruling. So Apple cannot import those watches. They could probably build them in the US (now there's a thought), and injunctions against domestic products are possible but very unusual. Usually there are damages, not injunctions.
Apple can't build a factory to produce Apple Watches before the entire situation would be resolved. And if they could, it would be much more expensive to run compared to making it in Vietnam (where they make it now). It would just be a stopgap solution.
US ban on some Apple Watch sales now in effect
131–140 of 173 posts
Re: US ban on some Apple Watch sales now in effect
#132Earlier quoted context omitted.
It's also happening because after some failed negotiations Apple just straight up started poaching employee talent from Massimo.
That' not the complete story. Apple basically screwed Massimo in getting Massimo to spill their guts on their sensor tech promising them an licesing/partnership and instead of following through, they decided to cease any licensing deal and instead poach the team to build that tech inhouse instead of licensing it. It's known in SV as "brain fucking". A lot of big companies do this to small companies where they promise…
Like, the whole point of a startup is (often) to get bought by a big player.
But what if the big players learn all they can from due diligence presentations, then poach your tech and talent, and when you complain, it turns into a drawn-out court battle they win because they can afford $billions in legal fees but you can only afford $10's or $100's of millions?
Is there a counter? If there is no counter, why does VC exist at all? If the counter is "don't spill the beans to big companies looking to buy you out," how does any startup ever get acquired?
Re: US ban on some Apple Watch sales now in effect
#133Earlier quoted context omitted.
They do not. Massimo's relevant patents have to do with their signal processing on user-worn devices. Cheap oximeters are clip-ons that only do rudimentary processing with strong beams of light through the fingers. https://www.masimo.com/technology/co-oximetry/set/ https://patents.google.com/patent/US10912502B2/en (this is one that was cited by the trade commission.)
Patent laws really are so strange. Two people had an idea in 1989 (over a decade before I was born) and as a result, I am not allowed to build a product using that idea and sell it, even if I independently reached the idea myself. I think in an ideal world, we would have intellectual rights and patents, but for a vastly reduced scope of time. You come up with an amazing breakthrough that will alter the world? Congrat…
Re: US ban on some Apple Watch sales now in effect
#134Earlier quoted context omitted.
That' not the complete story. Apple basically screwed Massimo in getting Massimo to spill their guts on their sensor tech promising them an licesing/partnership and instead of following through, they decided to cease any licensing deal and instead poach the team to build that tech inhouse instead of licensing it. It's known in SV as "brain fucking". A lot of big companies do this to small companies where they promise…
This seems like a huge problem for startups. Like, the whole point of a startup is (often) to get bought by a big player. But what if the big players learn all they can from due diligence presentations, then poach your tech and talent, and when you complain, it turns into a drawn-out court battle they win because they can afford $billions in legal fees but you can only afford $10's or $100's of millions? Is there a c…
Re: US ban on some Apple Watch sales now in effect
#135Re: US ban on some Apple Watch sales now in effect
#136Earlier quoted context omitted.
I would argue intellectual property laws are bad at the outset, and that the concept of intellectual property is praxeologically unsound. What right does a person have to restrict the progress and free will of another (or society for that matter) simply because they came up with an idea "first"? The very idea of intellectual property though, you own your mind, you own your thoughts, sure. You can own a document with…
> Why are government resources invested in protecting something that private companies and individuals have the responsibility of protecting themselves? How can an individual protect themselves if a big company steals their ideas?
They might have marginally more protection over their ideas than a than a big company can due to leaks, but I dont fundamentally believe that ideas should be protected under the law, assuming a just legal system. I'll break this into 2 parts.
I don't think governments have a great track record of protecting interests, and a theory why. Whatever political system we have, power will centralize in an elite that uses it for their own purposes. Slavery in America was not funded on its merit, it was in fact heavily subsidized at the expense of working americans and the states were turned into fortresses to imprison the slaves. This occured under an arguement that the government should protect private interests. Whatever power you give the government, the elite will steal; an aside, even when the elites are killed in places like russia during the soviet revolution, it was at the behest of a newer and much darker elite; anyways, a corrupt intellectual property system, because government power is prone to capture.
I disagree with the concept that ideas can be owned, as opposed to merely possessed. Allow me to cast abducto absurdum on this, taken to its logical conclusion, does this idea create absurd results? If we were chronically dehydrated in africa, and I figured out how to make a pump to get water, and im willing to make more pumps for trade, would it be reasonable that the rest of the village is going to die of dehydration because you, fully capable of recreating and innovating on the design, were instead bound by intellectual property laws? If that is in fact absurd, then I would like to know what the line is and why.
Re: US ban on some Apple Watch sales now in effect
#137Earlier quoted context omitted.
Patent laws really are so strange. Two people had an idea in 1989 (over a decade before I was born) and as a result, I am not allowed to build a product using that idea and sell it, even if I independently reached the idea myself. I think in an ideal world, we would have intellectual rights and patents, but for a vastly reduced scope of time. You come up with an amazing breakthrough that will alter the world? Congrat…
Your second paragraph is how patents already work, and you can't patent an idea, only specific inventions. Sometimes patents for ideas slip through the cracks and sometimes patents get extended without a good reason, but these are not problems with the idea of a patent itself. What you're arguing against is corruption, not patents.
Re: US ban on some Apple Watch sales now in effect
#138I haven't heard that mentioned--or if it was I missed it.
Re: US ban on some Apple Watch sales now in effect
#139Earlier quoted context omitted.
This. Is this it? "The scattered light through the tissue came back instead of through, so this is totally novel!" Like literally, we are arguing over the vector of the light?
Technically yes, but that’s a bit like saying rocket engine patents are about the vector of hot gasses. There are a lot of issues with creating one chip that both emits and receives light which are not present in a transmission model. In particular, if you look at the actual claims in the case, this is what many of the areas which were infringed upon deal with.
Re: US ban on some Apple Watch sales now in effect
#140Earlier quoted context omitted.
We can manufacture electronics here, though the exact details of the Apple Watch are probably not easy to accommodate. (The manufacturing engineers knew it would be built in China, so they chose parts and processes that are mature there. For example, if the requirement was for all the parts to be made in the US, then it would probably use an Intel chip, since those are made in the US. It probably wouldn't get 2 days…
Actually, there's no need to be all US-only. It's only the finished article that can't be imported.
Of course, a US court in West Texas could issue the same injunction as the ITC.