Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court

[Hans300]

I will sell my AAPL stocks next year.

Their illegal activities have become a disgrace. They should pay for patents like everybody else.

They have become a left-wing company.

 

[1129846]

So if that becomes a requirement will apple be protected from lawsuits about removing a paid for and advertized feature?

Nope. Would not remove that protection. Apple would be paying out in a class action lawsuit.

 

[jz0309]

Maybe get all stock they can to retailers. They are not banned if starts again.

If it is in an Apple warehouse in the US already, I’m not sure that the import ban would block them from shipping it to retailers?

 

[1129846]

The ITC hears patent disputes under section 337, which was designed to protect US industry from outside violations.

The only reason they are involved is because Apple manufactures the watches outside the US and ships them here. If they were produced in the US, the ITC wouldn't be involved.

Intellectual Property Developments | United States International Trade Commission

The United States International Trade Commission is an independent, nonpartisan, quasi-judicial federal agency that fulfills a range of trade-related mandates. We provide high-quality, leading-edge analysis of international trade issues to the President and the Congress. The Commission is a...

www.usitc.gov

A reason to move manufacturing back to state side.

 

[jz0309]

I will sell my AAPL stocks next year.

Their illegal activities have become a disgrace. They should pay for patents like everybody else.

They have become a left-wing company.

You can do with your money whatever suits you. Up until this point Apple is exercising its legal rights to get to a final ruling.

 

[CWallace]

I am so confused about all these rules, can't believe our legislators and lawyers in the United States are doing nothing but benefit themselves and know how to play around the rules they created and leave all the back doors for themselves.

Effectively how it works is if a company has enough money, they can intentionally or unintentionally flout patents and if the infringed company chooses to take the infringing company to court, the infringing company can usually outlast them and force a settlement on terms favorable to them.

One of the reasons Apple has so many patents is not to protect them from patent infringement suits from (relatively) small companies like Massimo, but to protect them from patent infringement suits from peer-level companies like Qualcomm, Intel, Samsung, Broadcom, et. al. This level of companies use their patent portfolios like countries use strategic weapons - as a way to enforce peace through mutually assured (legal) destruction.

 

[Sorinut]

I will sell my AAPL stocks next year.

Their illegal activities have become a disgrace. They should pay for patents like everybody else.

They have become a left-wing company.

Yawn. They have been a solidly left-wing company since Day 1.

 

[ProfessionalFan]

I will sell my AAPL stocks next year.

They are called shares and you'd likely know that if you actually owned any.

 

[Sorinut]

They are called shares and you'd likely know that if you actually owned any.

Most anyone with a 401k or Roth owns some Apple shares. It's not an exclusive club.

That said, I agree with you.

 

[transpo1]

They didn't win any appeal. This is a temporary stay. Totally different.

My mistake, I meant temporary stay-- will edit.

 

[jz0309]

They are called shares and you'd likely know that if you actually owned any.

Is that why they are traded at the share market? Oh wait, it’s the stock market

 

[bushman4]

Apples appeal will be worth the wait. Only problem is the decision could take months

 

[transpo1]

If it is in an Apple warehouse in the US already, I’m not sure that the import ban would block them from shipping it to retailers?

I'm sure they've already unloaded all their NA stock to other retailers-- Amazon, Best Buy, etc. That's probably why they stopped selling on 12/21

 

[ProfessionalFan]

It'll be back on sale on the website by the end of the week I am sure even if there could be a slight delay in delivery times.

 

[Born Again]

So updated hardware on the way. What about the existing users? Do they lose functionality?

 

[1129846]

Effectively how it works is if a company has enough money, they can intentionally or unintentionally flout patents and if the infringed company chooses to take the infringing company to court, the infringing company can usually outlast them and force a settlement on terms favorable to them.

One of the reasons Apple has so many patents is not to protect them from patent infringement suits from (relatively) small companies like Massimo, but to protect them from patent infringement suits from peer-level companies like Qualcomm, Intel, Samsung, Broadcom, et. al. This level of companies use their patent portfolios like countries use strategic weapons - as a way to enforce peace through mutually assured (legal) destruction.

I think that shows the level of abuse of our patent system as often times the patents are invalid and a joke. Just used as a war chest to defend lawsuits from with MAD.

 

[jz0309]

I'm sure they've already unloaded all their NA stock to other retailers-- Amazon, Best Buy, etc. That's probably why they stopped selling on 12/21

Could be, and maybe the reason we’ve seen so many “lowest ever” offers from the retailers (keep in mind that the ITC ruling came eo October so Apple had time …)

 

[Kierkegaarden]

If Apple disables the "offending" feature they are going to need to offer compensation to existing owners or likely face a lawsuit.

The feature will not be disabled for existing users — that does not even enter into the discussion.

 

[jz0309]

It'll be back on sale on the website by the end of the week I am sure even if there could be a slight delay in delivery times.

I don’t think Apple will sell them until the upcoming ITC review on Jan 10…

 

[Glideslope]

As expected, the ITC should have waited until courts could sort out the patent issues.

Bullseye.

 

[Dremmel]

Yay, so we can all start stealing stuff again?

 

[jz0309]

So updated hardware on the way. What about the existing users? Do they lose functionality?

What updated hardware are you talking about????

 

[sahajesh]

We have this thing called checks and balances, the executive branch is not meant to operate as an independent dictatorship.

Didn’t see much evidence of checks and balances during Trump’s time.

 

[Timpetus]

I think that shows the level of abuse of our patent system as often times the patents are invalid and a joke. Just used as a war chest to defend lawsuits from with MAD.

Only one correction: this is use, not abuse. The system is working as intended, as all IP law came from grants of privilege to friends of the state. The world would be so much better off without IP law, as it does nothing to help the people and is horribly unjust. Why should anyone be given the right to tell someone else what they can and cannot do with their own property?

 

[diddl14]

US-10945648-B2 | Unified Patents

Thx! Just wanted to know what this dispute is al about and it sounds like the only remaining infringement is this:

"US Patent No. 10,945,648 was found to be infringed upon by an Administrative Law Judge in the ITC case. More specifically, Apple infringed on claim 24 and claim 30 of the patent, which covered the aspects “wherein the protrusion comprises opaque material configured to substantially prevent light piping” and “wherein the protrusion further comprises one or more chamfered edges,” respectively."

Makes a bit more sense now as the core technology technology for detecting blood oxygen via red/green lightwaves is about 80 years old. Can't imagine that Masimo has a full patent on every aspect of such sensor.
.
Now I also understand why Apple is not interested in going into license discussions. There really is not a lot to license here?