The feature would likely only be disabled on Apple Watches sold after the deadline (meaning existing users still get to keep the blood oxygen feature). Maybe Apple turns it off, reduces the price of the watch by $50, and calls it a day?
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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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Why won’t they or why can’t they? Apple has assets larger than 5 countries GDP combined
its an interesting question.
legally it would be possible, as long as that function is not turned on in the future by apple, or ever able to be turned on by a user.
however, doing that becomes more complicated then just the patent issue. it would (almost) require new pricing (lower) than for the watch that had this function; especially if there are internal transfer pricing issues involved internationally.
and, conversely, selling these watches without this function at a lower price, but then turning the function on later (after the patent issue is resolved) is actually illegal to do unless apple charges those persons who bought the watch at that lower price some sort of additional amount to get that feature at a later date.
I suppose they could just permanently disable that particular feature on the new watches, sell them at a lower price and make sure that everyone who bought those new watches knows that this feature will never be available on that watch. They could rebrand it the Ultra SE or something.
Second time? lol I think you’ll find that I’m not mistaken. You made a lousy argument based on a false equivalency. Don’t kid yourself.
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Most already have. Resellers have been coming in and buying them in droves. Prices in online marketplaces have the models at $200 or more markups and they’re selling like hotcakes.
As someone pointed out on the comments section on The Verge, Apple removed functionality from AirPods Pro 1st gen models through software updates, and owners are currently working on a class-action lawsuit.
IANAL, however, the main difference here is multiple models have been developed and released. So what happens?
IANAL, however, the main difference here is multiple models have been developed and released. So what happens?
could all this be a masterful publicity stunt by apple to clear out inventory before the release of Apple Watch X??
Doubtful, because this patent loss might nerf the other health tech rumored to be in the X.
Best thing Apple can do is pay it, and go to the wall on internal development like they’re trying with modems.
I posted this a couple of days ago but reposting because it's funny, more so as I'm in the UK!
"'twas the night before Christmas and here is the twist, an Apple in your hand, but not on your wrist."
"'twas the night before Christmas and here is the twist, an Apple in your hand, but not on your wrist."
Not a rumor. I saw some people buying 4 or more at a time. There aren’t any left in our inventory.
I mean, Apple is likely hoping the situation is reversed. They are still attempting to invalidate the patent, at which point they probably would demand compensation from Masimo for the injunction
You want Apple to dissolve a medical device company so they can use their IP in a smartwatch? I wish I could say I am surprised.
This has been said by several people on several threads already. So I apologize for repeating and or paraphrasing.
Apple pays licensing fees for IP all the time. It is part of the business structure they operate in. The reason we are hearing about this is because this is an edge case. Ether the amount that Masimo is asking for is unrealistically high or the patents validity is questionable. As I understand it, it is likely a little of both.
It has been suggested that Masimo has no interest in licensing the IP. It is certainly possible that what they want is a supplier deal. Kiani has said the company is willing to "work with them to improve their product." He has not said they are willing to license the IP. He has also said that "Masimo patents cover hardware". So it is at least plausible that he is wanting to provide hardware to Apple. I've seen mention of $100 per watch. That would make no since for an IP licensing deal. Also it would be crazy for a component deal, but it would be much less crazy.
It is worth keeping in mind that Kiani said that "he" has not spoken with Apple since 2013. It is absurd to think that no one at Apple has communicated with Masimo in ten years, even if it was just to offer an insultingly low deal.
I think it is safe to assume that ether Apple and Masimo will come to some agreement that they both can live with (it won't be something that triples Masimo annual revenue like $100 a watch), or the patents will be invalidated at the judicial level, or Apple will develop an alternative method that doesn't infringe on any of the valid patents.
It seems to me, that the best thing Masimo could do is figure out a price that gets Apple to stop fighting the patent validity and discourages them from finding an alternative design.
To be clear about this. I believe that if Apple is using someone's patented tech, they should be paying for it.
Apple pays licensing fees for IP all the time. It is part of the business structure they operate in. The reason we are hearing about this is because this is an edge case. Ether the amount that Masimo is asking for is unrealistically high or the patents validity is questionable. As I understand it, it is likely a little of both.
It has been suggested that Masimo has no interest in licensing the IP. It is certainly possible that what they want is a supplier deal. Kiani has said the company is willing to "work with them to improve their product." He has not said they are willing to license the IP. He has also said that "Masimo patents cover hardware". So it is at least plausible that he is wanting to provide hardware to Apple. I've seen mention of $100 per watch. That would make no since for an IP licensing deal. Also it would be crazy for a component deal, but it would be much less crazy.
It is worth keeping in mind that Kiani said that "he" has not spoken with Apple since 2013. It is absurd to think that no one at Apple has communicated with Masimo in ten years, even if it was just to offer an insultingly low deal.
I think it is safe to assume that ether Apple and Masimo will come to some agreement that they both can live with (it won't be something that triples Masimo annual revenue like $100 a watch), or the patents will be invalidated at the judicial level, or Apple will develop an alternative method that doesn't infringe on any of the valid patents.
It seems to me, that the best thing Masimo could do is figure out a price that gets Apple to stop fighting the patent validity and discourages them from finding an alternative design.
To be clear about this. I believe that if Apple is using someone's patented tech, they should be paying for it.
Can you give an example of any company preemptively contesting a patent?
They did! You should have seen how much they WANTED to charge until someone brought up this exact argument!
No such thing. Embarrassment is just a self-imposed emotional limitation that prevents oneself from reaching one's full potential.
There would be no Apple (or Tesla) if Steve Jobs (or Elon Musk) got embarrassed by anything.