So happy that patents continue to advance humanity. /s
Patents are designed to protect the inventor from theft of their inventions. However, as in this case, there are questions about whether or not this patent should ever have been awarded or whether Apple is actually in violation. Patent laws need reform.
I have a Series 9 bought in September 2023 with working oxygen sensor. I’m inclined not to upgrade. Would such a model sell at a premium as the latest model with functioning O2? If I can get substantially more for it I may sell it and upgrade since I don’t really use the feature.
The cost to license it is trivial yet Apple would rather screw over their customers than pay it. While charging us premium prices for everything.
Where does one draw the line against bad patent claims? Anecdotally, I'd say Apple is "screwing over" their own Watch sales by not letting Massimo get away with this.
The cost to license it is trivial yet Apple would rather screw over their customers than pay it. While charging us premium prices for everything.
If Apple feels this is a truly bogus patent, caving to Masimo opens them up to more opportunist bogus claims. Paying off those endless claims would then screw over their customers who would foot the bill.
Here's a hypothetical question. As I understand it, the blood oxygen feature is not disabled on new watches sold in Canada. If a US citizen or resident were to purchase a new Apple watch while on vacation in Canada and return to the US (of course properly declaring it at the border and paying any ridiculous tariffs that may apply) would the feature remain "grandfathered" (like it currently is on earlier AW models) while in the US, even through OS updates?
If you took a trip to the beautiful city of Vancouver, for example, the Apple Watch you purchase there would continue to have blood oxygen sensing when home stateside. Watch updates will not disable the feature. If you send the watch in for a warranty replacement, you will lose blood oxygen sensing. The other poster got lucky with a replacement for an older model whose stock hasn’t been replenished since the ruling.
Here's a hypothetical question. As I understand it, the blood oxygen feature is not disabled on new watches sold in Canada. If a US citizen or resident were to purchase a new Apple watch while on vacation in Canada and return to the US (of course properly declaring it at the border and paying any ridiculous tariffs that may apply) would the feature remain "grandfathered" (like it currently is on earlier AW models) while in the US, even through OS updates?
If you took a trip to the beautiful city of Vancouver, for example, the Apple Watch you purchase there would continue to have blood oxygen sensing when home stateside. Watch updates will not disable the feature. If you send the watch in for a warranty replacement, you will lose blood oxygen sensing. The other poster got lucky with a replacement for an older model whose stock hasn’t been replenished since the ruling.
That's interesting. I definitely could make a trip outside the US to get an Ultra 3.
Know what you call someone who dies when a simple technological device they had on could have altered them to a serious medical condition that could have been treated? A "plaintiff."
The only catch is if I had a hardware issue and had to get warranty service here, they would swap it for a US version that doesn't have the blood o2 sensor activated. I would have to go to an Apple Store in Canada to get a swap that had the blood o2 sensor activated.
If you're talking about a hardware repair, this wouldn't happen. The software disabled pulse oxy feature applies to watches sold in the U.S., the serial numbers of which are known. Your watch isn't one of them. But if your Apple Watch were being replaced as a result of warranty service here in the U.S., then yes, I believe the pulse oxi would be disabled on the replacement.
The only catch is if I had a hardware issue and had to get warranty service here, they would swap it for a US version that doesn't have the blood o2 sensor activated. I would have to go to an Apple Store in Canada to get a swap that had the blood o2 sensor activated.
If you're talking about a hardware repair, this wouldn't happen. The software disabled pulse oxy feature applies to watches sold in the U.S., the serial numbers of which are known. Your watch isn't one of them. But if your Apple Watch were being replaced as a result of warranty service here in the U.S., then yes, I believe the pulse oxi would be disabled on the replacement.
Who knows what Apple's policy or resources are, on warranty service in this case. It could be that Apple has reserved replacement SPO2 watches for those enabled needing replacement. It wouldn't seem likely that they'd replace SPO2 disabled watches with enabled watches. But who outside of Apple knows. We might have heard from someone who got an 'opposite' watch returned instead of what they submitted.
My Ultra was updated to 11.6 and the SPO2 feature still functions. So I believe tag goes to the runner. If a Watch was sold with the feature enabled, it will stay enabled. I haven't see the exact terms of the ban but if there was a stipulation any software update performed in the US cancel any existing SPO2 functionality, I think that would have been news fit to print.
Personally the lack of the functionality won't deter me from purchasing a new Watch should one strike my fancy. I won't feel cheated nor would I make a statement by boycotting a Watch. I'd be curious to know if this de facto boycott made any more difference in Apple sales compared to the number of iPhone minis that didn't sell.
I don't mind if Apple reaches a deal they can live with but I don't want them to cave. Whether or not either happens I'm still buying Watches that matter to me.
To be clear, all Apple Watches worldwide have the blood o2 hardware, ONLY the US versions have it deactivated via software. I'm in the United States, and currently on my wrist is an Apple Watch 10 (wifi) that I bought in Canada last fall and its blood o2 sensor is working fine here in the states. The only catch is if I had a hardware issue and had to get warranty service here, they would swap it for a US version that doesn't have the blood o2 sensor activated. I would have to go to an Apple Store in Canada to get a swap that had the blood o2 sensor activated. US and Canada have different model numbers, that's what tells the software to turn on or off the blood O2 sensor. The hardware is identical.
If you are close to our southern border you could probably buy one in Mexico also and the blood o2 sensor would work as well.
/edit I had to go dig around to find the model number differences but:
US Apple Watch Series 10 GPS 46mm Jet Black no o2 sensor is: MWWQ3LW/A. Same config but from Canada w/ working o2: MWWQ3AM/A
So just to be clear: appreciate your write-up and am assuming you have initiated one or 2 software updates for Watch, no new downloads initiated in the US have disabled your watch's O2 functions, correct?
„Masimo's patents related to the pulse oximetry technology used in the Apple Watch are expected to expire in August 2028
The relevant Masimo patents in the Apple Watch pulse oximetry dispute are set to expire in August 2028, according to Patent Lawyer Magazine. This means that Apple could potentially resume selling Apple Watches with the blood oxygen monitoring feature without infringing on Masimo's patents at that time, provided there are no other legal hurdles.“
Most likely outcome?
Well, Apple would be stupid to pay the troll, it's not like watches aren't selling, or that you can't just go to any other country and buy one to get the feature now. So if they don't have any other options, they should absolutely wait it out.
But who knows what the courts are going to do. There's a decent chance that garbage patent will be tossed out.
The cost to license it is trivial yet Apple would rather screw over their customers than pay it. While charging us premium prices for everything.
Apple is so cheap. Same thing applies for audio codecs like LDAC etc. Android phones offer superior audio performance with Bluetooth headphones like Sony XM 6. All because Apple wants to save 10 cents.
To be clear, all Apple Watches worldwide have the blood o2 hardware, ONLY the US versions have it deactivated via software. I'm in the United States, and currently on my wrist is an Apple Watch 10 (wifi) that I bought in Canada last fall and its blood o2 sensor is working fine here in the states. The only catch is if I had a hardware issue and had to get warranty service here, they would swap it for a US version that doesn't have the blood o2 sensor activated. I would have to go to an Apple Store in Canada to get a swap that had the blood o2 sensor activated. US and Canada have different model numbers, that's what tells the software to turn on or off the blood O2 sensor. The hardware is identical.
If you are close to our southern border you could probably buy one in Mexico also and the blood o2 sensor would work as well.
/edit I had to go dig around to find the model number differences but:
US Apple Watch Series 10 GPS 46mm Jet Black no o2 sensor is: MWWQ3LW/A. Same config but from Canada w/ working o2: MWWQ3AM/A
So just to be clear: appreciate your write-up and am assuming you have initiated one or 2 software updates for Watch, no new downloads initiated in the US have disabled your watch's O2 functions, correct?
I run this thing like any US based watch even though it was bought in Canada. I've had 6 updates now on it (Currently running WatchOS 11.6) and it's all functioning fine. Apple will not disable the Blood o2 feature on a watch that was sold in a country where it's allowed to have that feature. It's all tied to the model number.
Here's a hypothetical question. As I understand it, the blood oxygen feature is not disabled on new watches sold in Canada. If a US citizen or resident were to purchase a new Apple watch while on vacation in Canada and return to the US (of course properly declaring it at the border and paying any ridiculous tariffs that may apply) would the feature remain "grandfathered" (like it currently is on earlier AW models) while in the US, even through OS updates?
If you took a trip to the beautiful city of Vancouver, for example, the Apple Watch you purchase there would continue to have blood oxygen sensing when home stateside. Watch updates will not disable the feature. If you send the watch in for a warranty replacement, you will lose blood oxygen sensing. The other poster got lucky with a replacement for an older model whose stock hasn’t been replenished since the ruling.
That's interesting. I definitely could make a trip outside the US to get an Ultra 3.
I’d be tempted by a shorter, non-stop flight, destination I could spend a fun weekend in, and a favorable exchange rate. And features more compelling than the rumored blood pressure deviation readings.
Comments
My Ultra was updated to 11.6 and the SPO2 feature still functions. So I believe tag goes to the runner. If a Watch was sold with the feature enabled, it will stay enabled. I haven't see the exact terms of the ban but if there was a stipulation any software update performed in the US cancel any existing SPO2 functionality, I think that would have been news fit to print.
Personally the lack of the functionality won't deter me from purchasing a new Watch should one strike my fancy. I won't feel cheated nor would I make a statement by boycotting a Watch. I'd be curious to know if this de facto boycott made any more difference in Apple sales compared to the number of iPhone minis that didn't sell.
I don't mind if Apple reaches a deal they can live with but I don't want them to cave. Whether or not either happens I'm still buying Watches that matter to me.