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1129846

Cancelled
Mar 25, 2021
528
988
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?

The abuse comes from most of the patents are jokes and never should have been granted. Often times they apply shove them through and the large amount of patents are invalid and jokes. Apple is one of the biggest abuser of the joke patents.
 

athousandbands

macrumors G3
Jun 5, 2019
9,354
32,274
Discord
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?
Yeah is it about the patent or is that just their vector for attack for the raft of crimes including poaching.

I mean when a person does the work and the company owns the patent in the person’s name, and that person leaves for a better salary elsewhere and “takes” the patent with them…
 

techwhiz

macrumors 65816
Feb 22, 2010
1,297
1,804
Northern Ca.
Exactly. Android literally is a walking patent infringer.
How so?
Android had pull down notification first.
Android has a themes for the interface.
Apple runs a stripped BSD on the iPhone and Android runs a Linux kernel.

They don't at all behave the same and in each cycle they steal from each other. If Apple could sue, they would.
 
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atomic.flip

macrumors 6502a
Dec 7, 2008
786
1,441
Orange County, CA
This is completely stupid. In a US appeals court if you’re in prison but wrongfully convicted you don’t get released on your own recognizance while an appeal is being heard!

And assuming that one component of the law is any less valid than another due to the impact invalidates the principal of law and order entirely.

The appeals court justices should be censured.
 

Sorinut

macrumors 68000
Feb 26, 2015
1,670
4,557
This is completely stupid. In a US appeals court if you’re in prison but wrongfully convicted you don’t get released on your own recognizance while an appeal is being heard!

And assuming that one component of the law is any less valid than another due to the impact invalidates the principal of law and order entirely.

The appeals court justices should be censured.

This is civil court, not criminal.
 

MarkNewton2023

macrumors 6502a
Sep 17, 2023
604
601


The ban on imports of Apple Watch Series 9 and Apple Watch Ultra 2 models has today been temporarily paused, meaning that the devices can now go back on sale for a short while longer in the United States.

Apple-Watch-Series-9.jpg

Apple filed an emergency request to the United States Court of Appeals following President Biden's decision to decline a veto on the sales ban, allowing it to take effect earlier this week. The Court of Appeals for the Federal Circuit today accepted an interim stay while the court reviews Apple's request for a full stay for the length of the appeal, effectively pausing the ban on Apple Watch imports for a brief period.

The International Trade Commission (ITC) now has until January 10 to file its response to Apple's request for a full stay while the appeal plays out. The ITC initiated proceedings against Apple after Masimo accuses Apple of hiring away its employees to steal technology related to blood oxygen monitoring in the Apple Watch.

Article Link: Apple Watch Series 9 and Ultra 2 Sales Ban Paused by US Appeals Court
Hope the appeal work in favor of Apple for them and their Apple Watch existing customers for product supports including after warranty period and potential customers for getting it. If not, hope Apple acquires Masimo for efficiency (preferably) or build their own oxygen sensor technology (inefficient way) if paying Masimo is not an option. Whatever works to keep the watch in sale! Keep calm, choose the best efficient way to keep great future Apple Watch sale in US and be successful! 😊 Nothing is perfect in the world, including Apple. Wish the best for Apple!
 
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Rafterman

Contributor
Apr 23, 2010
7,034
8,409
This is completely stupid. In a US appeals court if you’re in prison but wrongfully convicted you don’t get released on your own recognizance while an appeal is being heard!

And assuming that one component of the law is any less valid than another due to the impact invalidates the principal of law and order entirely.

The appeals court justices should be censured.

Patent law is not the same as criminal law.

And demanding judges be censured or impeached every time a decision isn't liked is getting old. It's like demanding people get fired immediately over one mistake.
 

Musocat

macrumors regular
Sep 17, 2005
137
117
Hollywood
I’m surprised that people have conveniently forgotten the intense and ugly litigation that Steve Jobs himself levied against Microsoft for patent infringement of a “Window” based OS when in fact the concept was “stolen” by both entities from Xerox corporation!!!! LOL
Xerox was compensated by Apple with shares of Apple stock.
 

scorpio vega

macrumors 65816
May 3, 2023
1,285
1,587
Raleigh, NC

CMoore515

macrumors 6502a
Sep 27, 2015
682
792
Des Moines, IA
Apple may not put them back up for sale yet, but the stay sure allows them to import and sell them to other retailers so they won't run out for the time being.
 
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ThailandToo

macrumors 6502
Apr 18, 2022
429
755
This is a major MAJOR flaw in patent law.

To be clear, I have no idea about this particular patent. I have no idea if Apple is at fault or not, though the facts seems to indicate they wronged.

The issue is as follows:

Company A, is a small to mid-size company. They invest significantly in a product and then further spend lots of money to ensure it is properly patented. Company B is a major company with two dozen in-house lawyers and a top law firm on retention. Company B knowing and intentionally violates the patents of Company A. Company A sues, at great expense, limiting cash-flow and funds for to R&D.

In the end, Company A runs out of money and they loose millions in patent licensing during the years, or decades, it takes to run through the court.

Company B goes on vacation in their private jets, fully-staffed yachts with mistresses in toe, high-fiving each other, knowing they just stole millions without repercussions thus reinforcing the nefarious behavior.

Again, I'm not saying this is Apple or not. I'm saying the system is broken.
Love your post. It’s so true and accurate. Why people can’t love Apple products but see the truth about what Tim has built is beyond me. It’s a cash generating machine and they will bully, steal, destroy and do whatever they want.

Your post is spot on the truth and the problem. And the problem goes beyond that. I don’t care whether one is liberal or conservative, the whole system is unfair from the megacorporations to the politicians who profit from them and allow them to do these things.

I have made far too much money from AAPL for far too many people. It’s truly a problem when these companies don’t pay their employees fairly, have eliminated all real benefits, and the working people of society don’t even know what they’re missing as they put a $1200 iPhone on payment plans as they couldn’t otherwise afford it.

The system is more than just broken, it’s morally corrupt by people who are cheered on here. Whether it’s shipping all jobs overseas or making all money by paying unfair wages and brokering deals with dictatorships.

Love my MacBook, iPad, iPhone, AirPods, Watch and etc, but think the system is truly broken.
 

Kierkegaarden

macrumors 68020
Dec 13, 2018
2,380
4,034
USA
Hope the appeal work in favor of Apple for them and their Apple Watch existing customers for product supports including after warranty period and potential customers for getting it. If not, hope Apple acquires Masimo for efficiency (preferably) or build their own oxygen sensor technology (inefficient way) if paying Masimo is not an option. Whatever works to keep the watch in sale! Keep calm, choose the best efficient way to keep great future Apple Watch sale in US and be successful! 😊 Nothing is perfect in the world, including Apple. Wish the best for Apple!
I’m sure Apple went into developing this with that they considered their own technology. Whether or not the ITC decision was based on a technicality, we will soon find out. The fact that they are willing to fight this tells me that they are confident in their own IP and firmly believe they are not infringing — otherwise, why fight over such an insignificant technology?
 
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