Apple Continues Working to Get Blood Oxygen Sensing Back in U.S. Apple Watches as Next Masimo Trial Begins

[laptech]

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.

Patents are 'territorial'. They are only valid in the country the patent was filed and granted. Companies can protect their patent(s) in other international countries but it is expensive.

This website gives you an idea of patent protection.

Worldwide Patents Are a Myth, But Here’s Your Real Strategy

Think you can patent your idea worldwide? Think again! While worldwide patents don’t exist, there are effective ways to protect your invention from international competitors. Learn about PCT applications, targeted market strategies, and how to navigate the complex world of global intellectual...

lawwithmiller.com

This is a snippet from that website:

Currently, we don’t have an international system that protects and enforces patents globally. Patents only protect an invention in the country where they are registered. For example, if you patent your invention in the United States, then your invention is only protected in the United States and it cannot be enforced outside the US.

To obtain “worldwide” patent protection you’d have to file a patent separately in all countries in the world - which is pretty expensive, time-consuming, and, in most cases, not possible.

Basically a company would want to protect it's biggest market. The US is Masimo's biggest market thus it stands to reason to file it's patents in the US. As you can see by the quoted section from the website, Masimo could file patent protection in other countries but it would be expensive for them to do so. No point if sales are small in other international countries.

 

[applezulu]

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.

If Apple doesn't agree with the validity or applicability of another company's patents, they shouldn't agree to pay that company's licensing fees. This would be a bad idea for them in the particular instance, and an even worse precedent to set. Paying a licensing fee for a patent that they don't believe is valid or applicable just for expediency would open them up to an endless stream of others disingenuously or at least dubiously claiming to have patents for which Apple should pay to license. As such, they can't consider just the cost of whatever Masimo might want for licensing, but also the future additional costs for paying off whoever sends them a letter about some patent they have.

 

[Apple_Robert]

I don’t see this resolving any time soon.

 

[whitby]

I just sent Apple feedback about this a few days ago. I am asthmatic and need the oximeter. Why can’t they just cut a deal?

I have a heart condition and need to monitor my blood oxygen level, too. The Apple Watch was a waste of time, and I have a medical quality oximeter which works perfectly and matches the hospital and specialist measurements. As mentioned my previous comments, it is probably physiology but if I cannot depend on these watch based measurements I must assume they may not be correct. The only one I know that works correctly is the heart rate monitor since it detects accurately if I go into Afib.

 

[oldwatery]

Thank you Tim. Profit over customers as usual. He really thinks that because watch has many other things going for it that this glaring omission is ok.

 

[BC2009]

I need to upgrade my Apple Watch Series 7.... just need a settlement here. I don't know why Apple cannot just pay Masimo like $1 or 50 cents or 25 cents per Apple Watch sold and get the sensor reactivated in the USA Just raise the price of the Apple Watch by whatever amount you settle on and call it a day. I am sure it would cost less than paying these lawyers and court fees.

 

[BugeyeSTI]

So do current US Apple Watch Series 10 devices have the oxygen sensor and it's just software disabled at the moment? Could they enable it via a software update?

I would think the hardware is still there just software disabled although nobody has cleared up whether that's the case with the S10...

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.

I just had my S6 battery replaced under AppleCare+ and the replacement watch had SPo2 enabled.. The only way you could of received a watch with it disabled is if your watch wasn't replaced under warranty and you paid out of pocket for the battery service

 

[quietstormSD]

Sorry mods if this is too political. If it is, my apologies. This is regardless of what your political beliefs are. But with Trump going back into the White House the Apple Watch may be allowed the oxygen stuff because by appealing to the White House again to stop the bam from the international trade commissio.

Masimo founder/CEO is a big donor for Biden. Even big friend. Biden has stayed at one of his properties in California recently on vacation. See here: https://www.latimes.com/california/...tion-estate-of-democratic-megadonor-joe-kiani

Im think the Trump administration will veto the international trade commission ban unlike the Biden administration reluctance due to Biden's ties to Kiani.

 

[JPack]

I just did a battery swap through AppleCare on my 6 about a month ago and still have the blood oxygen sensor.

AppleCare is a warranty process, which is different from out of pocket battery service. The former is excluded from the ITC import ban.

 

[onenorth]

Over and over people keep posting that Apple should just settle with Masimo and move on.

It was never that simple. For one, Masimo was insisting on not only a licensing fee but also a joint development agreement that would permit Masimo to have more control over the blood oxygen feature in Apple Watch. It is easy to understand why Apple would not be agreeable to such an arrangement.

More recently, there has been another suggestion that Apple open the Health app to Masimo as a potential path forward. So it's not clear that this can be resolved with money alone.

https://wccftech.com/apple-and-masi...greement-and-bring-back-blood-oxygen-sensing/

 

[Chazak]

So do current US Apple Watch Series 10 devices have the oxygen sensor and it's just software disabled at the moment? Could they enable it via a software update?

Yes

 

[Chazak]

Little wonder the Masimo CEO who came up with this strategy or listened to the lawyers who did, is now collecting unemployment checks.

 

[tgwaste]

Most people in the U.S. will buy from Canada if they want the feature. It's similar to the SIM card issue. Countless Americans traveling north to Vancouver and Toronto buying iPhones. Apple is far less willing to deal due to that fact.

I don't know how this in any way relates to my post.

 

[macfacts]

Little wonder the Masimo CEO who came up with this strategy or listened to the lawyers who did, is now collecting unemployment checks.

You can't get unemployment benefits if you quit.

 

[Chazak]

You can't get unemployment benefits if you quit.

First, I wasn’t speaking literally. Second, you can bet your you know what he has a juicy separation agreement. He’s not leaving without a lot of money coming his way.

 

[MUIGokuBlackDaReal]

Sorry mods if this is too political. If it is, my apologies. This is regardless of what your political beliefs are. But with Trump going back into the White House the Apple Watch may be allowed the oxygen stuff because by appealing to the White House again to stop the bam from the international trade commissio.

Masimo founder/CEO is a big donor for Biden. Even big friend. Biden has stayed at one of his properties in California recently on vacation. See here: https://www.latimes.com/california/...tion-estate-of-democratic-megadonor-joe-kiani

Im think the Trump administration will veto the international trade commission ban unlike the Biden administration reluctance due to Biden's ties to Kiani.

No you weren’t being political and no need to apologize if anything I’m thankful you brought this point up bc I knew there was something odd about the whole infringement thing. Kiani is not only a “close friend” to Joe Biden but is also on his serves as on his President's Council of Advisors on Science and Technology (PCAST). Which means he could greatly influenced the decisions albeit make decisions that aid in his favor especially a company that he’s the CEO of. Funny how he just got voted off as chairman of his company due to integrity issues.

I believe that Apple is prepared to fight back once Trump is back in office and will blow the lid off the whole thing. I believe it will be a big win for Apple next year and they will possibly be awarded monetary damages due to the nature of the alleged infringement and what it did to the Apple Watch sales and US customers user experience. Not to mention the gross nature of it and the obvious motivations behind the lawsuit. With the fact that Kiani occupies a position that without a doubt controlled the decision on this is enough to get this appealed and thrown out the courts or at best in Apple’s favor!

I’m definitely for the latter! At any rate, 2025 is going to be a turn around point for everyone regardless of their political affiliation. I can’t wait for this infringement mess to be over with honestly lol.

 

[Chazak]

No you weren’t being political and no need to apologize if anything I’m thankful you brought this point up bc I knew there was something odd about the whole infringement thing. Kiani is not only a “close friend” to Joe Biden but is also on his serves as on his President's Council of Advisors on Science and Technology (PCAST). Which means he could greatly influenced the decisions albeit make decisions that aid in his favor especially a company that he’s the CEO of. Funny how he just got voted off as chairman of his company due to integrity issues.

I believe that Apple is prepared to fight back once Trump is back in office and will blow the lid off the whole thing. I believe it will be a big win for Apple next year and they will possibly be awarded monetary damages due to the nature of the alleged infringement and what it did to the Apple Watch sales and US customers user experience. Not to mention the gross nature of it and the obvious motivations behind the lawsuit. With the fact that Kiani occupies a position that without a doubt controlled the decision on this is enough to get this appealed and thrown out the courts or at best in Apple’s favor!

I’m definitely for the latter! At any rate, 2025 is going to be a turn around point for everyone regardless of their political affiliation. I can’t wait for this infringement mess to be over with honestly lol.

You are both wrong

 

[quietstormSD]

No you weren’t being political and no need to apologize if anything I’m thankful you brought this point up bc I knew there was something odd about the whole infringement thing. Kiani is not only a “close friend” to Joe Biden but is also on his serves as on his President's Council of Advisors on Science and Technology (PCAST). Which means he could greatly influenced the decisions albeit make decisions that aid in his favor especially a company that he’s the CEO of. Funny how he just got voted off as chairman of his company due to integrity issues.

I believe that Apple is prepared to fight back once Trump is back in office and will blow the lid off the whole thing. I believe it will be a big win for Apple next year and they will possibly be awarded monetary damages due to the nature of the alleged infringement and what it did to the Apple Watch sales and US customers user experience. Not to mention the gross nature of it and the obvious motivations behind the lawsuit. With the fact that Kiani occupies a position that without a doubt controlled the decision on this is enough to get this appealed and thrown out the courts or at best in Apple’s favor!

I’m definitely for the latter! At any rate, 2025 is going to be a turn around point for everyone regardless of their political affiliation. I can’t wait for this infringement mess to be over with honestly lol.

Yeah I don’t know why the connection was never reported. I only stumbled upon it because the name sounded familiar in an article excerpt and I ofcoypurse follow Apple News closely. Like NO ONE AT ALL reported it. Definitely a conflict of interest.