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Apple halting sale of Watch before Christmas: Here's why
Washington Examiner ^ | December 19, 2023 01:46 PM | Christopher Hutton, Technology Reporter

Posted on 12/19/2023 11:36:05 AM PST by Red Badger

Apple is halting the sale of some of its leading Apple Watch models in the United States just a week before Christmas.

The Big Tech company announced that it will no longer sell the Apple Watch Series 9 and the Apple Watch Ultra 2 in the U.S. starting later this week. The decision was made in response to a patent dispute between Apple and the MedTech company Masimo over sensors on its device. The devices will still be usable, but finding one after Dec. 26 will become impossible in the U.S.

Here's everything you need to know about Apple suspending sales of its watches.

Why is the Apple Watch going to stop selling?

The U.S. International Trade Commission ruled in October that specific models of the Apple Watch breach patents held by Masimo. The company was given a 60-day "Presidential Review Period" to allow the White House to provide input on the matter. That period will end on Dec. 26.

Masimo alleged that Apple's reputation for innovation is unearned and that it has made a practice of "efficient infringement," according to the New York Times. This is when a company uses another company's technology and deals with the legal fallout afterward. Apple, as a trillion-dollar company, has the funding required to shoulder any possible legal fees or court cases.

Apple maintains that it respected Masimo's intellectual property, according to court documents. However, Masimo presented evidence that Apple had hired its former chief medical officer and 20 other employees from the company. This indirect process would have allowed Apple access to the intellectual power behind Masimo's products. For example, Apple could have used the chief medical officer's expertise to design its oxygen tracker.

What is Apple doing about it?

"Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features," the company told 9to5Mac. "Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers."

The company appears to be waiting for the White House to act. President Joe Biden could decide to veto the original order during the 60-day period and allow Apple Watches to be sold after the deadline. However, the White House has yet to comment on the situation.

The company can also appeal the ITC's decision in the U.S. Court of Appeals for the Federal Circuit once the review period has ended. However, that will not affect the ban, which means the devices will be unavailable for an extended period of time.

Which Apple Watches are affected?

The current patents only apply to blood oxygen trackers in the Series 6, 7, 8, and 9 of Apple Watches and the Ultra models. Users can still purchase the Apple Watch SE, which does not have the blood oxygen monitor installed.

It's unclear how long the ban will remain in place. The appeal process could take months or years.


TOPICS: Business/Economy; Culture/Society; Government; US: California
KEYWORDS: applewatch
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To: Red Badger

All 5 of my apple devices are genuine and compatible


21 posted on 12/19/2023 12:29:22 PM PST by NWFree (Sigma male 🤪)
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To: Red Badger

Apple patents there sweat shop workers???


22 posted on 12/19/2023 12:43:25 PM PST by BigFreakinToad (Remember the Biden Kitchen Fire of 2004)
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To: Red Badger

I wonder if Masimo’s former CMO or the others hired away signed a noncompete agreement?

CC


23 posted on 12/19/2023 1:05:35 PM PST by Celtic Conservative (My cats are more amusing than 200 channels worth of TV.)
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To: Celtic Conservative

They aren’t worth the paper they are printed on.................


24 posted on 12/19/2023 1:06:21 PM PST by Red Badger (Homeless veterans camp in the streets while l aliens are put up in hotels.....................)
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To: Red Badger
There’s enough cheap Chinese knockoffs out there to fill the bill.................

True, that. I lost my Apple Pencil which had cost me $129. I bought a Chinese knockoff for $9, and was surprised that it worked the same as the original. The Chinese can clone any device. As for my Apple Watch, I don't use the blood oxygen monitor much, readings are always healthy. I use the heart rate and ecg monitors often.

25 posted on 12/19/2023 1:24:35 PM PST by roadcat
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To: roadcat

My $44 knockoff has all that and more.................


26 posted on 12/19/2023 1:25:28 PM PST by Red Badger (Homeless veterans camp in the streets while l aliens are put up in hotels.....................)
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To: Red Badger

Cheaper to just buy a pulse ox and carry it around. Works real well for me.


27 posted on 12/19/2023 4:51:40 PM PST by V V Camp Enari 67-68 ( This clears up a lot of misconception)
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To: Red Badger; ~Kim4VRWC's~; 1234; 5thGenTexan; AbolishCSEU; Abundy; Action-America; acoulterfan; ...
Apple will be forced to discontinue US sales of AppleWatch on December 26th by the US Government Commerce Department due to a patent infringement claim from Masimo, a company that manufactures Blood Oximeter metering systems for medical applications because of AppleWatch’s new Blood Oximeter capabilities, despite the infrared blood O2 sensing tech being around since WWII and no longer being patentable. Maximo’s complaint was filed with the U.S. International Trade Commission, where merely the accusation, a very low bar, can stop importation into the US of the accused product until it is proved to not be infringing, or the President issues a waiver. That waiver deadline of 60 days ends on December 26th from the issuance of the pendancy of rhw commiaion’a ban on AppleWatch importation which was then stayed pending presidential veto. PING


APPLEWATCH BANNED BY US GOVERNMENT?
PING!

If you want on or off the Apple/Mac/iOS Ping List, Freepmail me.

28 posted on 12/20/2023 3:06:28 PM PST by Swordmaker (My pistol self-identifies as an iPad so you must accept it in gun-free zones, you hoplophobe bigots!)
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To: Red Badger

I’m sure a suitable donation to the DNC will work to expedite matters...


29 posted on 12/20/2023 3:19:41 PM PST by Billthedrill
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To: BipolarBob

Love making China richer! I approve!

/$


30 posted on 12/20/2023 5:35:07 PM PST by Chgogal (Welcome to Fuhrer Biden's Weaponized Fascist Banana Republic! It's the road to hell)
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To: Red Badger

Pink! Ugh!


31 posted on 12/20/2023 5:42:24 PM PST by BipolarBob (Yes officer, I saw the speed limit sign. I just didn't see you.)
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To: BipolarBob

They come in black too......


32 posted on 12/20/2023 6:24:36 PM PST by Red Badger (Homeless veterans camp in the streets while l aliens are put up in hotels.....................)
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To: Red Badger

Not on their website. Everything sold out but pink. Unless I’m blind.


33 posted on 12/20/2023 6:41:20 PM PST by BipolarBob (Yes officer, I saw the speed limit sign. I just didn't see you.)
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To: ProtectOurFreedom
You will need a “Presidential Review Period” to take a look at that sundial.

Do you suppose the sun dial works better because of global warming? 😆😊😄😂😠😊

34 posted on 12/20/2023 6:42:20 PM PST by Mark17 (Retired USAF air traffic controller. Father of USAF Captain & pilot. Both bitten by the aviation bug)
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To: Red Badger

Under what authority does the President get to usurp the Dept of Justice? We have 3 separate branches, Executive, Judiciary and Legislative. I fail to see how the Executive gets to override the Judicial

Biden or Trump is irreverent


35 posted on 12/20/2023 7:41:45 PM PST by Hodar (A man can fail many times, but he isn't a failure until he begins to blame somebody else.- Burroughs)
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To: V V Camp Enari 67-68

“Cheaper to just buy a pulse ox and carry it around. Works real well for me.”

Can you recommend one that is accurate all the time? I would like to see my O2 levels during exercise. Thanks.


36 posted on 12/20/2023 9:11:54 PM PST by dennisw (Be positive. Every day is another day.)
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To: Hodar

“Biden or Trump is irreverent”

Very irreverent..................🤦‍♂️


37 posted on 12/21/2023 5:41:58 AM PST by Red Badger (Homeless veterans camp in the streets while l aliens are put up in hotels.....................)
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To: Red Badger
The company was given a 60-day "Presidential Review Period" to allow the White House to provide input on the matter.

How comforting.

38 posted on 12/21/2023 6:49:33 PM PST by martin_fierro (< |:)~)
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To: Red Badger
For example, Apple could have used the chief medical officer's expertise to design its oxygen tracker.

Hire someone with knowledge - they design something you hired them to design... then get sued because you hired them away from another company that produces similar stuff... Hmmm... Did that chief medical officer sign a non-disclosure and non-compete agreement? Did he directly violate an existing patent, or is this another hyper-generic "idea" patent so frequently granted now?

I submit that it is entirely possible Apple is guilty of exactly what they are accused of. But I also am keenly aware of many overly-broad patents and patent pirates out there as well. And of course - the truth could be somewhere in-between... that Apple did attempt to negotiate in good faith- but this company didn't want to play.

39 posted on 12/21/2023 8:39:30 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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To: Red Badger

whats truly ironic is that this knock-off is probably far more of a direct violation of the patent in question than what Apple has done... yet they have zero consequences - as China ENCOURAGES patent violation (since all manufacturers there are ultimately owned by the CCP).


40 posted on 12/21/2023 8:41:20 PM PST by TheBattman (Democrats-Progressives-Marxists-Socialists - redundant labels.)
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