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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

#81

Since Masimo is a publicly traded company, can’t Apple just buy enough shares to have a controlling interest in the company and just force them to back out?

If they wanted to spend a bunch of money they could just license the patents. It would probably be cheaper than buying the whole company.

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

#82

Earlier quoted context omitted.

Apple has the best engineers and can probably figure out a way

> If there's a way to do it, you'd think Apple would probably have enough money to pull it off if having an oximeter was going to make them money. Why should they get a pass or shortcut to a successful product just because they're Apple? So it’s your position that there is a way to do this without violating the patent, and Apple has chosen to be lazy and not pursue it?

[deleted]

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

#83
post #68

IP/patent law is holding back innovation. Prove me wrong. You can’t invent anything or push something to market without stepping on at least 1 or more vague patents.

From NYTimes "In court, 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."

Doesn't sound like they accidentally stepped on a vague patent to me.

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

#84
post #57

Earlier quoted context omitted.

Is there any way to implement a portable oximeter without infringing on any patents ? Furthermore, is there any way to do anything without infringing on any patent ? The patent system is really outdated, it's good for lazy people who want to live off royalties, but for end-customers and innovation, this is really bad. (and it does a bad job at preventing foreign companies to launch clones)

Apple has the best engineers and can probably figure out a way

I suspect many people question the value of the patent system at all, so the size of any company doesn't come into it. The patent system was designed to stimulate innovation by allowing inventors to be open with their ideas without risk of "losing out on their idea."

When it was conceived, it may have been a worthy system solving a real problem. But today, it's hard to argue that without the patent system we'd lose out on any innovation. Given the population size and the ease at which it takes to come up with and validate an idea, twenty five years now is an eternity. Do you seriously think that no one would have come up with this particular idea if there were no patent system? I'd argue, that even without copying any idea, this sort of thing would be independently "discovered" many many times within 25 years.

Why should we reward the first person with the money to get the patent? Why should we not instead reward the first to market? Is not being the first to market already a reward?

I'm firmly in the camp that ideas are dime a dozen, and the value is in the implementation/verification of them not in simply writing down a vague notion. The patent system rewards the latter and doesn't even require demonstrating a working prototype, let alone a viable product! It's rewarding the wrong thing.

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

#85
This stuff is ancient technology. It's a pulse oximeter. We've had those for decades. And then this is a pulse oximeter with computer storage attached. That's a nonsense patent. If Apple is fighting it, perhaps there's a chance it will invalidate. That's a good thing for us.

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

#86
post #83
post #68

IP/patent law is holding back innovation. Prove me wrong. You can’t invent anything or push something to market without stepping on at least 1 or more vague patents.

From NYTimes "In court, 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." Doesn't sound like they accidentally stepped on a vague patent to me.

Pulse oxymeters exist for at least 30 years. What kind of patent does Masimo hold?

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

#87

Since Masimo is a publicly traded company, can’t Apple just buy enough shares to have a controlling interest in the company and just force them to back out?

No. Minority shareholders still have rights, and while there may be a tipping point with respect to effort versus reward, but they absolutely can (and do) threaten majority shareholders with legal action when the action of majority shareholders violate duties of acting in the company's best interests.

Source: https://warren.law/blog/protecting-minority-shareholder-righ...

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

#88
post #83
post #68

IP/patent law is holding back innovation. Prove me wrong. You can’t invent anything or push something to market without stepping on at least 1 or more vague patents.

From NYTimes "In court, 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." Doesn't sound like they accidentally stepped on a vague patent to me.

Does anyone know what specifically Masimo invented that Apple infringed upon? Pulse oximetry was in standard practice before the company existed, and Masimo's Wikipedia article doesn't mention Apple anywhere.

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

#89
post #68

IP/patent law is holding back innovation. Prove me wrong. You can’t invent anything or push something to market without stepping on at least 1 or more vague patents.

>IP/patent law is holding back innovation.

Sure, but Apple has made an entire business out of making lowball offers to companies that produce tech they want. Then offering to pay more if they can just get more data on the tech, before ultimately pulling out of negotiations entirely and just copying that tech whether through internal resources, or hiring resources from the company in question.

They've decided it's cheaper to steal and then fight in court than to pay a fair market rate. Honestly given this has happened at least 10 times that I can recall off the top of my head, the Justice Department should be dropping a 50lbs sledgehammer of justice on them. At this point it's intentional and not just illegal but morally reprehensible.

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

#90
post #68

IP/patent law is holding back innovation. Prove me wrong. You can’t invent anything or push something to market without stepping on at least 1 or more vague patents.

You are correct because the patent system was not invented to help or hinder innovation. It was invented to help people get richer.

It is working exactly as designed.

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