What makes you assume that Apple is the one not willing to cut a deal? The talk around this case is that the now former CEO viewed Apple as a large cash cow and tried to extract a radically unreasonable license fee.
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Apple Continues Working to Get Blood Oxygen Sensing Back in U.S. Apple Watches as Next Masimo Trial Begins
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Pulse oximetry was invented in Japan and patented in 1974. https://www.apsf.org/article/pulse-...fety-around-the-world-a-japanese-perspective/
The Minolta OXIMET 1471 was the first oximeter sold ("From the minds of Minolta")
Masimo was founded in 1989 https://www.masimo.com/en-us/content-pages/founders.html
The Minolta OXIMET 1471 was the first oximeter sold ("From the minds of Minolta")
Masimo was founded in 1989 https://www.masimo.com/en-us/content-pages/founders.html
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The worst is that when you get a battery replacement for your watch that has blood oxygen capability, you'll lose the blood oxygen capability. I just went through this with my Watch 6.
That’s unfortunate and unexpected. I realize Apple isn’t allowed to sell watches with the feature, but it doesn’t make sense to disable it in a watch that’s already been sold.
Were you told this would happen when you bought the watch in?
Yes, I was told at the very end of the chat with Apple, literally right before paying, and after having you unpair the watch already. They send you back someone else's watch that is refurbished. You don't get your actual watch back. So I guess since it is a "new" watch, it gets it disabled. Beyond annoying. It made me think long and hard if I actually wanted to go through with the battery replacement. At the end of the day, I need a watch that lasts all day and didn't want to shell out the cash for a whole new one, when mine was otherwise working fine for my needs.
These aren't "frand" patents, so they are allowed to ask for higher fees from " bigger fish".
I’d love to have this option available but Apple really needs to bend the knee on this one and pay everyone off and then buy them out. Even if those numbers hurt it’s not like they can’t do it 1000 times over.
I do not understand Apple's problem with paying license fee's to use another companies patents. They went heavily after Qualcomm so they could avoid having to pay them license fee's for using modem patents and they are going heavily after Masimo so they can avoid having to pay their license fee's. If Apple cannot own a company to get access to patents they want to use, they try to use the court system to avoid having to pay patent license fee's.
I didn't know what "ITC" is so I looked it up; it's the International Trade Commission.
@Juli Clover, it would be nice if the first mention of ITC wasn't just the initialism but its full name. It's not quite as famous as the FBI or CIA. Thanks!
@Juli Clover, it would be nice if the first mention of ITC wasn't just the initialism but its full name. It's not quite as famous as the FBI or CIA. Thanks!
Because so far 15 of the 17 patents were invalidated, and there is a good chance the other two get tossed, as I understand it, the last two are the weakest of the 17.
Guess that is what Masimo was also thinking. It's called coercion.
I just did a battery swap through AppleCare on my 6 about a month ago and still have the blood oxygen sensor.
The issues is not Apple or Masimo, it is the patent office. Obviously Masimo was not able to get the patent offices outside of the United States to issue patents, because Apple is able to sell outside of the US without patent infringement. Having been responsible for patent acquisition and enforcement, it became clear to me that US patent office is a royal mess.
I too have sleep apnea and utilize the blood oxygen sensor. I have a 1st generation ultra, and will not upgrade until the blood oxygen sensor is reactivated.
I ALMOST purchased the "newer" black titanium AWU2 when they launched, but then remembered this whole kerfuffle..
I know they can just re-enable it once the injunction is cleared by the ITC, but I use the O2 sensor now on my existing AWU2 so I'm waiting..
I know they can just re-enable it once the injunction is cleared by the ITC, but I use the O2 sensor now on my existing AWU2 so I'm waiting..
I’m so tempted to purchase a UW2 with the blood oxygen sensor enabled from Costco. My UW1 has a battery capacity of 87%. I’m more worried about receiving a refurbished unit with the sensor deactivated, when it’s time for a battery replacement, hence why I think to go ahead and purchase the UW2.
You have to apply for a patent to get one. If Massimo did not apply for patents in other jurisdictions it would not have any patent protection in those jurisdictions.
It’s common sense, do not blindly agree to pay expensive licensing fees if you know the patents are not worth it. Apple sells by tens of millions, even a small fee can adds up to billions lost for them.
Also, 15 of 17 patents were found to be invalid by ITC, that’s 15 patents Apple no longer have to pay anything for. So they still won anyway, this is just a smart move for them even if it means a loss for us for a while until patents expires.