Apple Watch Faces Potential Import Ban In the US (androidauthority.com) 24
Apple is in violation of a patent that belongs to medical technology company Masimo, says the International Trade Commission (ITC). Android Authority reports: The commission upheld a previous ruling by a US judge who ruled in Masimo's favor. The patent in question is for light-based pulse oximetry technology or blood oxygen tracking on Apple Watches. While ITC's latest ruling confirms Apple's infringement and can potentially stop the company from bringing Apple Watches to the US, it will not come into effect immediately. The decision now faces a Presidential review and could be followed by possible appeals by Apple.
The Biden administration will have 60 days to veto the import ban on Apple Watches. However, as Reuters notes, US Presidents have rarely vetoed bans in the past. It's unclear which models of the Apple Watch could be affected by the ban if it comes into effect. However, Masimo's complaint alleged that the Apple Watch 6, the first one to feature blood oxygen tracking, violated its patent. "Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple," an Apple spokesperson told Reuters. "While today's decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal."
Meanwhile, Masimo CEO Joe Kiani said the ITC's ruling "sends a powerful message that even the world's largest company is not above the law."
The Biden administration will have 60 days to veto the import ban on Apple Watches. However, as Reuters notes, US Presidents have rarely vetoed bans in the past. It's unclear which models of the Apple Watch could be affected by the ban if it comes into effect. However, Masimo's complaint alleged that the Apple Watch 6, the first one to feature blood oxygen tracking, violated its patent. "Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple," an Apple spokesperson told Reuters. "While today's decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal."
Meanwhile, Masimo CEO Joe Kiani said the ITC's ruling "sends a powerful message that even the world's largest company is not above the law."
Life saving product? (Score:3)
Pulse oximeters which feature blood oxygen tracking are available all over the market and for a far lower cost than an Apple watch. Maybe Apple should just license patents rather than bitch in the court of public opinion.
Re:Life saving product? (Score:5, Informative)
Pulse oximeters were invented in 1974. The patent expired decades ago.
Whatever patent this is about should never have been issued.
Re: Life saving product? (Score:2)
It could be a particular way of measuring it
Re: Life saving product? (Score:2)
There's a lot more to pulse oximetry than you're aware of
https://www.cablesandsensors.c... [cablesandsensors.com]
The one GP is likely referring to worked under the assumption (as do most) that there could be ample light going directly into the sensor. Putting one on your wrist breaks that assumption, so accuracy becomes a problem, meaning you'll need to make inevitable changes to how it's measured.
And in case you haven't noticed, not everything that can be invented has been invented.
Re:Life saving product? (Score:5, Insightful)
The patent is for a very low power method of implementing a pulse oximeter, necessary because the Apple Watch has a puny battery and needs to operate the oximeter all day. It's a novel technique that significantly improves on anything that went before.
Re: (Score:2)
Pulse oximeters were invented in 1974. The patent expired decades ago.
The word "pulse oximeter" is doing very heavy lifting here. The 1974 patent was on a machine the size of a small server rack attached to the patient's ear via a large piece of headgear. It bears no resemblance what so ever to modern ones, and even in hospitals the modern pulse oximeter has the most in common with patents filed in the late 90s / early 00s - when they started measuring through fingers instead of through the ear.
There are many patents post 1974 which are all very valid for legitimately inventi
Good (Score:3)
The patent system is so broken that severe pain will need to be felt to achieve any reform.
What planet are they living on? (Score:3, Informative)
even the world's largest company is not above the law
Seriously... do they not understand how the US political/legal system works these days?
Money *buys* politicians who make the laws and even if that fails, when conficts make it to a courtroom, he with the biggest wallet inevitably prevails.
Money is power, money is influence, money is law :-(
Violate first, fix later (Score:1)
Apple needs to lose this one for once.
Re: (Score:2)
Apple has form for this, despite themselves abusing patents to sue competitors. Just look at what Apple did with their AirPods Pro firmware, where they crippled ANC in response to a patent claim in such a way as to make the product almost worthless. Will they compensate the customer for the bait and switch of functionality? No. They will continue to deny it.
Apple needs to lose this one for once.
Turns out that the BS about "degrading" ANC is highly dubious:
https://www.reddit.com/r/airpo... [reddit.com]
Plus, that was from 2020, several firmware updates ago.
AirPods Pro 1 (Score:2)
I wont be trying the AirPods Pro 2 because I dont plan to be scammed a second time.
Re: AirPods Pro 1 (Score:2)
More to it than a simple patent violation (Score:5, Informative)
Apparently Apple approached Masimo in 2013 about a partnership. Eventually decided against it, then hired a bunch of their employees, including their Chief Medical Officer and made their own product - the Apple Watch, released two years later.
They also alleged Apple stole trade secrets as well, via the poached employees.
This lawsuit started way back in 2020 too, once the Apple Watch 6 was released.
Masimo isn't a small company, nor a foreign one. They specialize in pulse-oxi meters.
Apparently they also hired the CTO from Cercacor (a company related to Masimo), who then immediately filed 4 of his own patents, and Cercacor claims their engineers should be added to the patents too.
This ex CTO has already been found guilty of stealing trade secrets and keeping confidential documents and had all his pending patent applications cancelled.
He was hired by Apple in 2014
Re: (Score:1)
Re: More to it than a simple patent violation (Score:2)
It is not Apple that violates it (Score:2)
We need to stop products like this from being imported from China and start suing the companies that allow them to be sold here.
Re: (Score:1, Insightful)
So Apple didn't know what sensor it was incorporating into its watch? LOL You Apple fanbois will drink anything wont you.
Maybe they're just holding the watch wrong?
Apply buys up the former staff, steals the IP and trade secrets, designs the watch knowing full well they have already been sued for the previous illegal behaviour. But it's some Chinese person's fault that the wrong sensor was randomly slapped on the watch at the last second. Apple didn't know
FFS WindBourne, get Tim's cock out of your mouth.
Watch for the nice Christmas present for Apple (Score:2)
Just before Christmas the White House will announce that the President is vetoing the move. It will be lost in the rush of the holidays. The Democrats will get a bit more money from Apple next year...
Obama vetoed the last crime they did (Score:3)
Obama vetoed the last crime they did so Iâ(TM)m not sure exactly why anyone thinks it wonâ(TM)t happen again.
Remember, they picked a big battle saying that Samsung stole their trade secrets but then when the court came to the conclusion, Apple was the one who stole secrets, and there was going to be an import ban on iPhonesâ¦.
Basically, if that court case found that Samsung was it fault, everything wouldâ(TM)ve been fine and left to stand but since Apple, the aggressor lost, they got a get out of jail veto from Obama.
Kind of makes the court system look bad if you ask me.