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Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store

The-Real-Deal82 said:
I thought the digital consoles were the lesser desirable of the two? I struggled to get the disk version back then and it was the digital ones that were popping up available quite often.
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It was. It was so hard to get either of them that I decided not to get either and go with an xBox series x. I threw my PS4 Pro onto the bone pile and haven't looked back.

That's potentially an Apple problem too if it becomes too hard to find any of the watches, and with all the scalpers overseas buying all the inventory, there wont be any to sell at a decent price. So some people like me, might pick themselves up a cheap Galaxy Watch instead, and an Android Phone to go with it. :)

So in other words, it's a risk for apple to have a constricted supply of apple watches out there. (plus the money they make off of them. If the injunction happened here, other countries will probably follow suit as well.)
 
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Apollo68 said:
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.
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100% agreed. However, patent trials often turn on claim construction, which is out of the hands of the jury. I just don't see Masimo's fortunes being reversed on this particular case with a new jury, and I also don't think it will actually get retried either. By then some other resolution will exist for the Apple.
 
truthsteve said:
I find it super hilarious the same people who want Apple to fall are complaining about not being able to service existing customers.

This is like complaining why doesn't Apple just pay the patent license but also complaining about why Apple products are rising in costs.

Embarrassing customers.
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Your analogy makes as much sense as self checkouts asking for tips. The rising cost of Apple products has little to do with passing the cost of legal battles on to the consumer.

Apple has chosen the path of infinite growth for investors at the expense of the consumer, nothing less.

We are all Apple fans here, some just don’t agree with the path the company is headed down. Nothing embarrassing about that.
 
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harriska2 said:
I still consider my S6 new after I upgraded from the S1
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I read yesterday either on the verge or somewhere similar if they come up with a software fix anything after series 5 with that sensor would be included but so many different stories out there I don’t know what to believe the X may be coming out sooner than expected especially if no out of warranty repairs on the banned watches.
 
What's apples plan to get around this? I mean are they going to remove the sensor or just pay the crazy royalties. I find it interesting Canada is not involved in this and only the USA.
 
SoundMan said:
What's apples plan to get around this? I mean are they going to remove the sensor or just pay the crazy royalties. I find it interesting Canada is not involved in this and only the USA.
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Unless Masimo has a patent in Canada (or in other countries), this is limited to the U.S.
 
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Apple resolves this by one means or another.
Most Holiday sales are done.
Biggest downside is people owning models 6-9 and ultras cannot get necessary repairs
Doubtful Apple will let its customers down in the long run
 
Big tech really need this type of kick in butt to get them in line and not abuse the hell out of smaller companies (and consumers).
 
The-Real-Deal82 said:
I thought the digital consoles were the lesser desirable of the two? I struggled to get the disk version back then and it was the digital ones that were popping up available quite often.
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They produced far fewer digital consoles and just as the disc versions, whenever they showed up, it was impossible to get one. I tried Best Buy, Target, Walmart, GameStop, etc. I was even ready to get a disc version if I had to, but I had my heart set on going fully digital. I bought the last game disc for my PS4 in 2015. It was PS Direct and their queue system that finally saved the day for me. I got a Twitter/X notification that the queue was open and I opened several tabs on my browser to increase my chances of getting into the site before they sold out. I was unsuccessful at least a dozen times or more before I finally copped one.
 
dampfnudel said:
I’m surprised Masimo would limit their sales to the US because I would have to assume they would get patents outside the US if they had the intention to sell outside the US.
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They do have foreign patents but I'm not sure if any of them cover the Apple Watch or, if they do, whether those patents are being litigated elsewhere.

Note that the two patents the ITC found infringed were extensions of the earlier fingertip blood sensor tech. It is likely Masimo was trying to head off Apple by moving the sensors to a wrist-worn device and just focused on the U.S. market for these patents because the U.S. is the biggest market for Apple. Doing this in parallel in many countries is expensive.

masimo2.jpg
 
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Apollo68 said:
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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1. you were mistaken I was talking about right to repair (I wasn't, I was giving an analogy)
2. I'm not defending patent infringement. I'm making fun of people who are asking things that backfire to them.

I'm moving on.

edit: oh didn't realize you're suspended. yikes.
 
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MacRumors said:


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-watch-ultra-cyber.jpg

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
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This is excellent news!!! Since my watch is worthless after the WatchOS 10 “upgrade” it will increase my value on ebay. Hopefully I can get my money back. Let me know if anyone wants an ultra 1/2 price..
 
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This pause of sales doesn’t benefit Masimo in the short term because they aren’t collecting royalties right now because no licensing agreement exists and the case is being appealed to the federal circuit.

I’d also add that some of Masimo’s other patents were invalidated, so just because they won right now doesn’t mean it will stick. Up until the appeals process is done, it’s all up in the air and people assuming that Apple is at fault, are ignoring that Masimo’s patents might not actually stand.

Ultimately, if Apple truly did violate patents, then they’ll be forced to pay up.
 
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