The blood oxygen monitoring feature was a major reason for many people worldwide buying Apple watch. If the feature were disabled, or not available on future watchOS update, can they get a refund?
I doubt it and I also doubt that was the major reason. Usually it’s the heart rate and single lead ECG. The oxygen monitor is slow, and most people that need it, need a more responsive unit. When I was taking care of my parents. I had many of them. The cheap Chinese ones were garbage. I found a good one that was made by Homedics and it had a silicon finger cover with a hard led built into it and it was the most accurate outside of a hospital.
I’ve noticed that some Doctors offices are using the cheap AliExpress versions as well, unless it’s an actual probe.
I WAS going to buy a new Apple Watch this year but without Pulse Ox there is no reason to. My Watch 5 has all the same features. Apple is being really, really, stupid on this. They stole the engineering team and then used the IP (kinda hard to avoid when you steal the entire team). I actually hope Apple loses their shirt on this one...unless of course they really do have unique IP that is not from Massimo. My guess is watch sales will suffer this year and it will force Apple to settle.
You can't "steal" employees. They are free to work for whomever they want.
Apple has several options, all of which they are likely pursuing except settling with Masimo.
First, Apple is trying to get Masimo’s patents invalidated, likely for obviousness or prior art. If they succeed, no patent equals no infringement and Apple will be free to reintroduce oximeters on their watches.
Second, Apple is very likely redesigning their pulse oximeter for the Watch Series 10 so as to not infringe the claims in Masimo’s patents. This would solve the problem going forward but would not allow return of the feature to impacted Series 9, Ultra 2 watches.
Third, Apple is obviously appealing the ITC decision. The initial ruling that the ban wouldn’t be stayed during the appeal doesn’t mean the appeal won’t ultimately be successful. If Apple succeeds, Apple would again be free to reintroduce pulse oximetry to all Apple Watches.
For people saying Apple stole Masimo’s technology, that’s almost certainly not literally true. Patents are deliberately written as broadly as possible to maximize their impact and to make them hard to design around. The appeals process will sort this question out unless the patents get overturned.
The blood oxygen monitoring feature was a major reason for many people worldwide buying Apple watch. If the feature were disabled, or not available on future watchOS update, can they get a refund?
This is only a hypothetical at this time and Tim Cook seems to have no intention of removing it. Apparently Apple has a work around in the works so this will be a non issue shortly.
I WAS going to buy a new Apple Watch this year but without Pulse Ox there is no reason to. My Watch 5 has all the same features. Apple is being really, really, stupid on this. They stole the engineering team and then used the IP (kinda hard to avoid when you steal the entire team). I actually hope Apple loses their shirt on this one...unless of course they really do have unique IP that is not from Massimo. My guess is watch sales will suffer this year and it will force Apple to settle.
If by stolen you mean Apple offered them superior salaries and the people went to work for Apple under their own free will then I guess millions of people are being “stolen” every year. You do realize that it’s impossible for Apple to “lose its shirt” on this lawsuit since Apple is currently worth $3T and is most likely 10,000x bigger than Masimo. Even if they have to pay a penalty it would be in the 10’s of million dollars which is insignificant to Apples bottom line.
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Apple will just modify what they have and in that process if Masimo is lucky Apple won't help to invalidate their patent.
You can't "steal" employees. They are free to work for whomever they want.
First, Apple is trying to get Masimo’s patents invalidated, likely for obviousness or prior art. If they succeed, no patent equals no infringement and Apple will be free to reintroduce oximeters on their watches.
Second, Apple is very likely redesigning their pulse oximeter for the Watch Series 10 so as to not infringe the claims in Masimo’s patents. This would solve the problem going forward but would not allow return of the feature to impacted Series 9, Ultra 2 watches.
Third, Apple is obviously appealing the ITC decision. The initial ruling that the ban wouldn’t be stayed during the appeal doesn’t mean the appeal won’t ultimately be successful. If Apple succeeds, Apple would again be free to reintroduce pulse oximetry to all Apple Watches.
For people saying Apple stole Masimo’s technology, that’s almost certainly not literally true. Patents are deliberately written as broadly as possible to maximize their impact and to make them hard to design around. The appeals process will sort this question out unless the patents get overturned.