Apple Watch Patent Infringement Confirmed, As Masimo Seeks Import Ban (9to5mac.com) 36
An anonymous reader quotes a report from 9to5Mac: Apple has suffered a setback in its long-running Apple Watch patent infringement battle with medical technology company Masimo. A court has ruled that Apple has indeed infringed one of Masimo's patents in the Apple Watch Series 6 and up. Masimi is seeking a US import on all current Apple Watches. If granted, this would effectively end Apple Watch sales in the US, as the company would not be allowed to bring in the devices from China.
The battle between the two companies has a long history. Back in 2013, Apple reportedly contacted Masimo to discuss a potential collaboration between the two companies. Instead, claims Masimo, Apple used the meetings to identify staff it wanted to poach. Masimo later called the meetings a "targeted effort to obtain information and expertise." Apple did indeed hire a number of Masimo staff, including the company's chief medical officer, ahead of the launch of the Apple Watch. Masimo CEO Joe Kiano later expressed concern that Apple may have been trying to steal the company's blood oxygen sensor technology. The company describes itself as "the inventors of modern pulse oximeters," and its tech is used in many hospitals.
In 2020, the company sued Apple for stealing trade secrets and infringing 10 Masimo patents. The lawsuit asked for an injunction on the sale of the Apple Watch. Apple has consistently denied the claims, and recently hit back with a counterclaim of its own, alleging that Masimo's own W1 Advanced Health Tracking Watch infringes multiple Apple patents. Reuters reports that a US court has ruled against Apple on one of the patent claims.
The battle between the two companies has a long history. Back in 2013, Apple reportedly contacted Masimo to discuss a potential collaboration between the two companies. Instead, claims Masimo, Apple used the meetings to identify staff it wanted to poach. Masimo later called the meetings a "targeted effort to obtain information and expertise." Apple did indeed hire a number of Masimo staff, including the company's chief medical officer, ahead of the launch of the Apple Watch. Masimo CEO Joe Kiano later expressed concern that Apple may have been trying to steal the company's blood oxygen sensor technology. The company describes itself as "the inventors of modern pulse oximeters," and its tech is used in many hospitals.
In 2020, the company sued Apple for stealing trade secrets and infringing 10 Masimo patents. The lawsuit asked for an injunction on the sale of the Apple Watch. Apple has consistently denied the claims, and recently hit back with a counterclaim of its own, alleging that Masimo's own W1 Advanced Health Tracking Watch infringes multiple Apple patents. Reuters reports that a US court has ruled against Apple on one of the patent claims.
Re: (Score:2, Troll)
You cannot patent an idea, much less a "really simple idea". And you cannot purchase a "law" nor does a patent grant you "ownership" of an idea or anything else. A patent grants you exclusive rights to an invention for a LIMITED TIME. And you don't "purchase" a patent, you "teach" your invention to others in exchange for a patent. Finally, patents are NOT why Apple's watch costs $500, that watch costs that much despite ignoring the patent rights of another company.
But yeah, "medium or giant business" ca
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Finally, patents are NOT why Apple's watch costs $500, that watch costs that much despite ignoring the patent rights of another company.
It may do include the cost of that patent, but other patents on apple watches could have stopped competition and increased the cost. The reason Apple can ignore these things is because it is large and can walk over smaller players. If you try to sue apple you will probably be bankrupt before you get to court, if apple sues you, you will be bankrupt before you get to court.
Thou, I think a large portion of the cost of an apple watch is probably branding.
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Thou, I think a large portion of the cost of an apple watch is probably branding.
Additionally, a large part may also be the amount of lawyering & negotiating to get licensing deals for however many patents all the constituent features of a "smart" product has these days. I have an analogue watch & it's great: always easily visible even in direct sunlight, no need to charge it - just change the battery every 2-3 years, etc.. Didn't cost much either & looks waaay better too.
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I have an analogue watch & it's great: always easily visible even in direct sunlight, no need to charge it - just change the battery every 2-3 years, etc.. Didn't cost much either & looks waaay better too.
Yours is a watch. This is a computer. Very different things.
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Finally, patents are NOT why Apple's watch costs $500, that watch costs that much despite ignoring the patent rights of another company.
The reason Apple can ignore these things is because it is large and can walk over smaller players. If you try to sue apple you will probably be bankrupt before you get to court, if apple sues you, you will be bankrupt before you get to court.
Anecdotal evidence to back this up. Growing up, I had a friend in my neighborhood who seemed to be just slightly better off than I was. When I was teenager, I came to learn that his father invented the kitchen sink spray head and held the patent on it. Now I didn't grow up in a ritzy neighborhood or anything, so I was confused as to why they were living there.
Turns out he managed to license it to one small company, who respected his patent, but then the giants saw it and just started using it right away.
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You cannot patent an idea, much less a "really simple idea". And you cannot purchase a "law"...
Ah, but you can certainly purchase a lawmaker. Just ask The Donor Class.
No surprise as to how the US Patent System got here. Along with Patent Trolls and Patent War Chest legal battles that have kidnapped ingenuity and robbed creativity blind.
Tomorrow you could come up with the patent for Star Trek transporters and warp speed space flight. You'd be destroyed by a dozen firms armed with War Chests before you can even figure out how to fill out the damn paperwork.
Re: hey! (Score:1)
What is important is that someone knows how you blanket modders really feel. Thanks for playing!
Re: hey! (Score:1)
Mod it the above and make my point all over again why don't you? You can't unsee it.....
Where does it put other manufacturers? (Score:3)
Nearly all modern sports watches include an oximeter which is the foundation of many sport-related statistics provided by these devices. Where does this ruling put other manufacturers like Garmin, Suunto, Polar, etc?
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The basics of this is that you cannot patent an idea. You can only patent the implementation of an idea. Use a different implementation that is not covered by a patent and you are good to go.
I would say if you hired a bunch of Masimo staff the chances are they would implement it in a way they were familiar with which would increase the chances of patent infringement.
But basically, you have neatly outlined the three options. One other manufacturers are using different approaches and are thus not infringing.
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Who says other manufacturers don't have licensing deals with Masimo? (There would have also been no way that Apple could have known about any of these deals so they could comply. LOL, the "fun" of product engineering.)
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According to TFA, Apple, has been oblivious in poaching engineers from Masimo (contacting them and offering higher salaries), making it not only more likely to infringe Masimo's patents than other smartwatch companies (by following the same approach than Masimo in all possible aspects) but also more likely to seriously upset their legal department and trigger this answer.
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Or, you could save 90-95% of the price of a Garmin smartwatch and for just $30 get a Mi Band 7 that has a respectable 14 day battery life and all the other features (except the golf thing of course), while being much lighter. :)
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I've owned 3 garmin watches, and the family has owned 8 total. I've never seen one go more than 7 days between charges.
Some of them really only go 3-5 if you properly use them as a smart watch.
Re: Why does anyone buy Apple watches? (Score:1)
Re: Why does anyone buy Apple watches? (Score:1)
Because if yout dont flash their stuff in public once in a while you aren't cool....
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I don't care how far it is to the next golf hole. I do, however, care about tide times, map directions, notifications from things other than text messages, alarm clocks, Sound Hour etc etc etc. The Apple Watch has significantly more flexibility and functionality than most other smart watches. You get what you pay for.
Re: Why does anyone buy Apple watches? (Score:1)
Is Samsung laughing? (Score:3)
Part of me is laughing my ass off, Apple getting a bit of karma after their crazy design patent battles with Samsung over rounded corners on smart phones.
Live by the patent, die by the patent, or something. Better to innovate than copy, whether the copying is "legal" or not.
#AppleSux (Score:2)
Three separate issues (Score:5, Insightful)
2. Trade secret stealing. If Apple was stupid enough to hire someone from Masimo and then ask that person to draw up a design of a Masimo product which they just shoved into production, yeah Apple is in trouble. Much more likely, Apple assigned the employee to run an “independent” internal research program that quickly replicated the data required for the design. No more trade secret issue.
3. Patent infringement. A real issue. If Masimo has patents that Apple is infringing on, Apple will write them a nice big honkin check to make the issue go away. They’ve done it before many times.
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The take away from this is if Apple comes knocking show them the door.
I would however say approaching a firm "pretending" to be interested in their product but really only with a view to identifying staff and poaching them could well be a legal problem for Apple.
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Writing a big honking cheque is normal practice if you want to use somebody else's patented technology. It's quite a good way of making money off your patented technology if you don't want to manufacture it yourself.
Live by patent law (Score:1)
Re: It Just Works (Score:1)
I played with the iic a long time ago....
Editing fail (Score:5, Funny)
Masimi is seeking a US import on all current Apple Watches.
Looks like you accidentally a very important word.
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