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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

#41
post #39

Why would Apple take their devices off the market or disable the feature instead of parting with a minuscule fraction of the pile of gold they're sitting on for a patent license? I mean obviously for now it makes more sense for them to wait and hope they win on appeal or get the import ban veto'd, but if it actually comes down to not being able to sell the device, surely the lost revenue would exceed the licensing co…

surely the lost revenue would exceed the licensing cost?

Assuming a spherical cow, and that Apple's decision-makers aren't completely incapable of basic math, the logical conclusion would be...?

(Spoiler: I assume the patent-holder is asking some outrageous sum. Or there's a piece of the story we're missing. Or maybe some kind of game of chicken.)

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#42
post #39

Why would Apple take their devices off the market or disable the feature instead of parting with a minuscule fraction of the pile of gold they're sitting on for a patent license? I mean obviously for now it makes more sense for them to wait and hope they win on appeal or get the import ban veto'd, but if it actually comes down to not being able to sell the device, surely the lost revenue would exceed the licensing co…

1) Because they don't want to pay Samsung a patent fee for every watch sold, and

2) Because they're appealing the ruling, and

3) They're hoping POTUS might drag their ass out of the fire like Obama did in 2013.

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#43
post #24

Anyway, there are reports from Bloomberg’s Apple reporter that Apple will ship all new models of watches with a different form factor and new features like BP monitoring in 2024. PS: Was all set with an app design for the Samsung devices a few years ago, but Tizen turned out to be not worthy of any mindshare and I don’t support Google’s surveillance capitalism business model (so no WearOS for me). Meanwhile, Apple do…

Garmin?

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#44
If Biden sides with Masimo and Apple’s appeals are unsuccessful, it may have to modify the Watch’s software to remove the blood oxygen feature in order to resume sales.

Not that I use the feature all that often, but if I did, I guess it would be time to turn off automatic updates until it gets sorted.

TFA is extremely light on details, given that Apple is effectively ordering a stop-ship on their hardware. Was there an attempt at negotiation? If so, that failed because...? If not, why didn't that happen? Apple has a bit of cash, but their pockets aren't infinitely deep; was Masimo asking too much?

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#45

Masimo, the company who is suing apple, has a market cap around ~$6B. Apple's wearable business (which might include the audio products as well, I guess), at least according to the article, "generated $13.48 billion in revenue". Don't think this is as big of a threat as someone like Samsung suing iPhone.

> Don't think this is as big of a threat as someone like Samsung suing iPhone. Samsung makes most of the displays Apple uses in iPhones and it's probably the most profitable deal Samsung has. They have a messy relationship but neither of them is going to rock the boat too much because no one else can meet Apple's demand and Samsung can't afford to lose that much revenue.

Sad, because this is the way B2B relationships should work. But you only get "normal" competitive-cooperative behavior because both companies happen to be giants.

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#47

If Biden sides with Masimo and Apple’s appeals are unsuccessful, it may have to modify the Watch’s software to remove the blood oxygen feature in order to resume sales. Not that I use the feature all that often, but if I did, I guess it would be time to turn off automatic updates until it gets sorted. TFA is extremely light on details, given that Apple is effectively ordering a stop-ship on their hardware. Was there…

Apple's always taken me as a very stubburn/'righteous' company. I presume for something like this they wouldn't give $1.

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#49

Interesting that the president of the USA has the duty to also review this kind of disputes. If he can pardon people and in USA corporations are people could in theory the president pardon a company for some crime they did ?

It is in fact quite broad and the only explicit exception is impeachment. The exact execution of “pardoning a corporation” is something that would require legal parsing, but it’s within presidential authority.

> The Constitution establishes the President’s authority to grant clemency, encompassing not only pardons of individuals but several other forms of relief from criminal punishment as well.1 The power, which has historical roots in early English law,2 has been recognized by the Supreme Court as quite broad. In the 1886 case Ex parte Garland, the Court referred to the President’s authority to pardon as unlimited except in cases of impeachment, extending to every offence known to the law and able to be exercised either before legal proceedings are taken, or during their pendency, or after conviction and judgment.3 Much later, the Court wrote that the broad power conferred in the Constitution gives the President plenary authority to 'forgive’ [a] convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with certain conditions.4

Despite the breadth of the President’s authority under the Pardon Clause, the Constitution’s text provides for at least two limits on the power: first, clemency may only be granted for Offenses against the United States,5 meaning that state criminal offenses and federal or state civil claims are not covered.6 Second, the President’s clemency authority cannot be used in Cases of impeachment.7

Beyond textual limits, certain external constitutional and legal considerations may act as constraints on the power. For instance, the Court has indicated that the power may be exercised at any time after [an offense’s] commission,8 reflecting that the President may not preemptively immunize future criminal conduct. In Schick v. Reed, the Court recognized that an exercise of clemency may include any condition which does not otherwise offend the Constitution,9 suggesting that the President may not make clemency subject to a condition that is prohibited by another constitutional provision.10 Other apparent limitations include not affecting vested rights of third parties, such as where forfeited property is sold,11 or proceeds paid into the treasury, which can only be secured to the former owner . . . through an act of [C]ongress.12 The Court in The Laura also alluded to an exception for fines . . . imposed by a co-ordinate department of the government for contempt of its authority,13 though a later case recognized that the President may pardon one who is subject to criminal punishment for contempt of court.14

Assuming the recognized limitations are not transgressed, a full pardon granted by the President and accepted by its subject15 prevents or removes any of the penalties and disabilities consequent upon conviction . . . .16 In several nineteenth-century cases, the Supreme Court suggested that a pardon broadly obviates all legal guilt of the offender, effectively erasing the crime from existence.17 Subsequent cases appear to have backed away from this understanding,18 suggesting instead that, although a full pardon precludes punishment for the offense in question, a prior and pardoned offense may still be considered in subsequent proceedings.19

https://constitution.congress.gov/browse/essay/artII-S2-C1-3...

Do bear in mind that I am not an attorney and this is my personal opinion.

Re: Apple to halt Apple Watch Series 9 and Ultra 2 sales in the US this week

#50

Earlier quoted context omitted.

Alternatively, someone at Apple thought "we should add one of those pulse ox thingies like they've used in the doctor's office for the last 50 years into our next watch", saw that Masimo was a player in the space, met with them, and then decided they'd rather do it themselves. This is not something Masimo invented themselves. The class of devices existed for decades before Masimo even existed. I'm not saying that App…

> met with them, and then decided they'd rather do it themselves ..., headhunted Masimo engineers, and hired them to reimplement a pulse-ox device. > Masimo and Apple began their relationship in 2013, when Apple discussed potentially integrating Masimo’s sensing technology into future Apple products. Internally, Apple executives debated the idea of buying Masimo and making its chief executive a vice president, accord…

Basically what 100% of the AI companies are doing right now.
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