Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
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Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#162Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#163Earlier quoted context omitted.
It's hard to look at pre-iPhone and post-iPhone smartphones and not see a pretty clear dividing line with significant shift in looks and functionality. I'm leery of design patents, but it's hard to say there wasn't some invention going on there. We've had easy fingertip pulse oximetry since 1977, and Masimo was founded in 1989. It's unclear to me what in their patent is novel.
The big change with iPhone was the lack of physical keyboard, wasn't it? The form factor square with rounded edges in itself has been used for calculators and pocket PCs long long long before iPhone hasn't it?
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#164Why doesn't Apple just buy this company instead of fighting with them?
Though it feels like an oversight to me. In this field, like in telecom modems, patents mean a lot, so I also wonder why didn't Apple seek to buy out the consumer part of Masimo along with their patent portfolio. Maybe they did the math and saw that fighting Masimo later in court over their patents is still cheaper.
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#165Earlier quoted context omitted.
Countries with very lenient enforcement of IP laws have very minimal innovation. Brazil, Argentina, India. Countries who haven't signed TRIPS almost no innovation, North Korea, Somalia. Countries with the strictest patent laws and enforcement are the leaders in innovation. Germany, US, South Korea. Strict enforcement of patent laws ensures that capital will be invested in innovation.
Strong handed IP enforcement is hardly the only thing Germany, the US and South Korea have in common. Etc for the other groups.
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#166Earlier quoted context omitted.
The notion is not that Masimo owned those executives or employees, the notion is that Apple needed the particular skills and expertise of those employees in order to build what they built.
Still, you don't own people. People should be free to switch employers if they don't like their current ones. If we going that route, we might be bringing back slavery by the backdoor. The Masimo case should have been thrown out. Just imagine you are an engineer with amazing and unique skillset but you were unfortunate enough to pick wrong employer. You get a new offer from someone who sees your potential and could g…
Hiring a team and rebuilding something that is not patented, or that skirts the edge of a patent, that's just fine. Hiring the team and building the patented thing is bad, not because of hiring the team, but because of building the patented thing. That it's the same team is just evidence that it infringes on the patent.
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#167"Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities — which measures the percentage of oxygen that red blood cells carry from the lungs to the body — that were patented by Masimo" "Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said t…
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#168"Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities — which measures the percentage of oxygen that red blood cells carry from the lungs to the body — that were patented by Masimo" "Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said t…
Apple has an aggressive legal strategy because they can afford to bend/break the law first and let things play out in court (this case was first filed in early 2020 before the pandemic) while their competitors generally cannot.
Crazy.
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#169Why doesn't Apple just buy this company instead of fighting with them?
Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week
#170Patents in question: https://patents.google.com/patent/US10912502B2/en https://patents.google.com/patent/US10945648B2/en They look identical to me btw? both files on 2020-02 and have title of "User-worn device for noninvasively measuring a physiological parameter of a user". From summary: > light source comprises LEDs and super-luminescent LEDs. The light source emits light at at least wavelengths of about 1610 nm, a…
"The light source emits light at least wavelengths of about 1610 nm, about 1640 nm, and about 1665 nm."
vs
"The light source emits light at at least wavelengths of about 1610 nm, about 1640 nm, and about 1665 nm."
¯\_(ツ)_/¯