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Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store
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No it won't be a clean slate because the claims have already been interpreted by the judge for the first trial. https://en.wikipedia.org/wiki/Markman_hearing
except I can still tailor what I present to the jury in a manner most favorable to my claims within the bounds granted to me by a hearing. I think you should watch a trial advocacy course. Presentation is critical in trial.
Apple's not going to call them to settle this when Apple won't even return Masimo CEO's calls
Correction: Apple Watch sales through Apple online stop today. Apple Watch sales at Apple brick and mortar stores end Dec 24.
ITC Denies Apple's Request for a Stay on Looming Apple Watch Import Ban
The U.S. International Trade Commission today denied Apple's motion to stay a looming Apple Watch ban while Apple files for appeal [PDF via The...
www.macrumors.com
U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2 are set to stop online after 12:00 p.m. on Thursday, December 21. In-store sales will stop after December 24. The sales ban is limited to the United States and only impacts Apple.
1) It's only the US market, and buyers can still get them from other retailers.
2) Assuming that the news pulled forward a lot of the demand for an Apple Watch, it's likely we won't see the impact of the sales ban on this quarter's earnings. It's just as well that the ban takes place right after Christmas, which is typically when most of Apple's sales happen. I wonder if Apple had some hand in that.
3) Loss in earnings is a pretty hard thing to calculate. Say the Apple Watch is no longer available for sale. Do potential customers simply look for an alternative, or wait it out? For example, I am on the series 5. Were I in the US and in the market for an upgrade, I would either wait for the lawsuit to resolve itself, or maybe see what Apple has in store for the Ultra Watch 3 or Series 10. I probably won't be looking to shop for another fitness tracker from another company. So Apple will still be getting my money one way or another. If not now, then maybe later.
Settling is likely the last option Apple will pursue, and only after they have clearly exhausted every other avenue.
As promised, Apple today stopped selling the Apple Watch Series 9 and Apple Watch Ultra 2 in its online store in the United States, with the devices pulled from sale just days ahead of when an Apple Watch import ban goes into effect. When attempting to purchase an Apple Watch Series 9 or Apple Watch Ultra 2 to the online store, the devices say "currently unavailable." Apple has also removed refurbished Apple Watch Series 7 and Series 8 models from its website.
Apple on Monday said that it would need to pause sales of the Apple Watch Series 9 and the Apple Watch Ultra 2 in order to comply with an International Trade Commission order preventing components related to the Apple Watch blood oxygen monitoring technology from being imported into the United States. The ITC made the ruling after deciding that the Apple Watch blood oxygen sensor violates patents owned by medical device company Masimo.
The Apple Watch is still available for purchase from Apple's retail stores, but Apple will stop store sales after December 24. Sales will be paused only in the United States and only at Apple's own retail locations. Third-party stores like Target, Walmart, and Best Buy can continue to sell the Apple Watch until supplies run out. Apple will be able to sell the Apple Watch SE, as it does not have a blood oxygen sensor.
Apple could reinstate sales if the White House vetoes the import ban, and it has until December 25 to review the order and decide whether to intervene. If the White House does not veto the import ban, Apple will not be able to sell the Apple Watch until it removes the infringing technology.
Apple is planning to appeal as soon as it can on December 26, and the company said it is "pursuing a range of legal and technical options" to get the Apple Watch models back on store shelves as soon as possible.
Apple believes that a software fix might be enough to mitigate the problem, and Apple engineers are adjusting how oxygen saturation is determined and how the data is provided to customers. Apple said that it is working to submit a workaround to US Customs to get the ban lifted, but it is unclear if a software fix will be sufficient because the patents in question pertain to the hardware.
Article Link: Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store
This is the most publicity Massimo will ever get...and then, it still doesn't /won't translate into sales for them. Smh haters, but its valid *shrug*
Totally different market segments. doubt it’s about publicity.
Can they do it yes but being in software those type of things is when things go wrong and break a lot more. As a developer I push back hard on request like that as things get messed up when doing it and pain to test for ever.
And if they do have to disable or bypass portions of the hardware, they should be forced to refund part of my purchase price.
It's not fair that I buy one thing and then it becomes a lesser thing because of two idiots arguing in court.
If they disable it, expect lawsuits from consumers or from state Attorneys General for being sold a product based on a working function only to have it pulled.
That’s a great way to get a massive class action. So they’ll have to pay both Massimo AND Million of customers who bought the product with a feature and then had it removed.
The CEO of Masimo is one of Hunter's buddies. (Yes, seriously, Hunter's stayed over for vacation and what not) Not going to rule in Apple's favor anytime soon.
I imagine there is enough room inventory at certain channel partners to last a while. I think this patent runs out in 2028 - so maybe Apple is trying to reduce a year haha
What’s also a bad look is the fact that Apple completely ignored Masimo when Masimo tried to come to an agreement. Masimo had all the power and still tried to the right thing and work with Apple.
I wasn't defending the patent infringement but instead people are not realizing what they're asking for. the fact you're being mistaken for the second time is clearly showing you're not understanding the argument.
because it was priced in the way Apple didn't pay for the tech. if you like, apple can raise prices to pay for the technology and ask for more money from you if you want continued service.