Apple Watch ban back on, court denies Apple's appeal to keep it on the market

Posted:
in Apple Watch edited January 17

The Apple Watch Series 9 and Apple Watch Ultra 2 ban will start again on January 18 at 5 PM ET, and will remain banned until the appeal has concluded.

Apple Watch Series 9 (left) and Apple Watch Ultra (right)
Apple Watch Series 9 (left) and Apple Watch Ultra (right)



Apple's bid to the US Court of Appeals for the Federal Circuit to keep the Apple Watch as-is on the market has failed. As a result, the Apple Watch sales and import ban resumes imminently.

To work around the ban, Apple has devised a software patch, which disables the feature. It's not yet clear if this will apply to every Apple Watch on the market, but preliminary indication are that it will only apply to devices it imports and sells.

On December 25, an ITC order banned the import and sale of Apple Watch models that infringed on patents owned by Masimo, preventing their sale in the United States. On Wednesday, Apple managed to secure a reprieve.

In an appeals court win on December 27, Apple managed to convince the court to delay the import ban, effectively allowing the sale of the wearable devices in the United States once again.

Apple filed the motion on December 26, citing the potential "irreparable harm" to its business. December 26 was the earliest opportunity for Apple, as it had to wait until after the 60-day White House review window elapsed on December 25.

Third-party retailers who sell the Apple Watch remain unaffected, though they will have to depend on existing stock on hand for the moment.

In 2020, medical firm Masimo filed a lawsuit against Apple in the U.S. District Court, alleging that the blood pulse oximeter in the Apple Watch violated patents and that Apple had stolen trade secrets. In 2021, this was followed by a filing with the U.S. International Trade Commission.

The Apple Watch ban revolves around its blood oxygen health feature
The Apple Watch ban revolves around its blood oxygen health feature



Masimo accused Apple of unfairly copying its products' blood oxygen sensing feature.

Masimo also reasoned the U.S. public would not be affected by an Apple Watch import ban as the sensor isn't "essential to the public health or welfare." This was due to Apple's warnings in fine print that the measurements from the sensor should not be relied upon for medical purposes.

Although the District Court trial was declared a mistrial and did not resume, the ITC ruled in favor of Masimo in January.

On October 26, the ITC issued an order preventing Apple from importing any Apple Watch models that violated Masimo's patents following a complete review. This decision triggered a 60-day review period for the White House.

On December 18, Apple announced that it would stop selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. Online sales were halted on December 21, and Apple Store sales were paused on December 24.

Apple tried to stop the ban by filing a motion for a stay of execution, but on December 20, the ITC denied it. The ITC ban was set to begin on December 25.

The White House confirmed on December 19 that it was monitoring the potential ban, but it didn't intervene and allowed the ITC ban to commence as ordered.



Read on AppleInsider

Comments

  • Reply 1 of 20
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    Afarstar9secondkox2davwatto_cobra
  • Reply 2 of 20
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    They are a real company and their claim against Apple is legitimate.
    eriamjhgrandact73williamlondonkkqd13379secondkox2davenbeowulfschmidtNotSoMuch
  • Reply 3 of 20
    neoncatneoncat Posts: 151member
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    The tale is an interesting read, you'd do yourself a favor to at least Google a basic summary of what has happened and why. It involves Apple poaching employees from Masimo, one employee in particular lobbying Apple for a job, said employee only lasting a short time, and Apple bringing a pulse ox measurement device to market much faster than would normally have been expected given the complexity of the technology.

    One does genuinely wonder, however, what Apple's end game is. They get into these situations where they become so convinced of their own piety they tend to ride the train straight to hell instead of looking for a convenient and practical way to get off. A little humility and less hubris would serve Apple well as a brand and as a company.
    grandact73williamlondonAfarstarkkqd1337
  • Reply 4 of 20
    eriamjheriamjh Posts: 1,647member
    Well, well… how the turn tables.

    Apple will find a way but it will take until watch 10 or 11.   No quick fix here.  
    williamlondonkkqd1337
  • Reply 6 of 20
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    https://www.youtube.com/watch?v=H27rfr59RiE
    williamlondon
  • Reply 7 of 20
    (a) Why doesn't Apple just pay whatever licensing fees Masimo demands? Any amount would be pocket change for Apple.
    (b) Why doesn't Apple just BUY Masimo and be done with it?
    williamlondon9secondkox2watto_cobra
  • Reply 8 of 20
    chadbagchadbag Posts: 2,000member
    kkapoor said:
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    They are a real company and their claim against Apple is legitimate.
    Yes Massimo is a real company.  No, their claim has not been found to be legitimate (or not legitimate) that I know of.  Patents don’t cover ideas.  They cover implementations of ideas.  I’m not aware that Massimo has shown that Apples implementation violates their patent.  It may or may not, but I don’t think that’s been shown.   Often a company has a patent on a process that implements a specific function and if someone else comes out with that function they assume that the company that came out with that function must have used the same process they have protected by patent and sues.   But only based on the functionality involved, not the actual patented process.  So far that is where I think this is at.  The actual trial was declared a mistrial for some reason.  

    The basic tech of getting oxygen saturation used is not new and not patent protected.  What the patent is is a way to more reliably do it when the subject is moving or not perfectly still.  Or something like that.  A way to do it more reliably in real world non hospital conditions. 

    Apple has a feature in their watch that meets that function and Massimo claims Apple violates their patent because they have that function.  But I don’t think they’ve actually shown in code or circuitry that Apple uses the same process to get there. 

    I’m not shilling forget Apple.  Apple may have copied the process enough to violate the patent or they may have come up with their own unique way of doing it that is different in process with the approximate same results as the Massimo process. I don’t know.  I just haven’t seen anywhere that claims Massimo has actually technically shown their process was copied and not just the general functionality. 

    If Apple copied they should license and pay a royalty.   But Massimo needs to technically prove that their patented process was used by Apple in some form and not just the end result. 


    dewmewilliamlondon9secondkox2davendavbeowulfschmidtwatto_cobra
  • Reply 9 of 20
    chadbagchadbag Posts: 2,000member
    (a) Why doesn't Apple just pay whatever licensing fees Masimo demands? Any amount would be pocket change for Apple.
    (b) Why doesn't Apple just BUY Masimo and be done with it?
    The reason Apple fights every one of these no matter what is that if they were to give in then 10-100 more opportunists would try and claim infringement.   More so than now.  

    Just my opinion. 
    dewmewilliamlondonAfarstarronnMisterKitwatto_cobra
  • Reply 10 of 20
    flydogflydog Posts: 1,124member
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    What's the difference?  If they hold a valid patent, they should be able to enforce it.  "Patent troll" is not a legal basis to invalidate a patent.  If you disagree, write a letter to your representatives in congress. 
    williamlondonkkqd1337neoncat
  • Reply 11 of 20
    flydogflydog Posts: 1,124member

    (a) Why doesn't Apple just pay whatever licensing fees Masimo demands? Any amount would be pocket change for Apple.
    (b) Why doesn't Apple just BUY Masimo and be done with it?
    (a) If someone rear ended your car and demanded you'd pay for their damages, you'd simply write a check?
    (b) Why wouldn't you just buy their car and be done with it? 

    grandact73thtwatto_cobra
  • Reply 12 of 20
    flydogflydog Posts: 1,124member

    neoncat said:
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    The tale is an interesting read, you'd do yourself a favor to at least Google a basic summary of what has happened and why. It involves Apple poaching employees from Masimo, one employee in particular lobbying Apple for a job, said employee only lasting a short time, and Apple bringing a pulse ox measurement device to market much faster than would normally have been expected given the complexity of the technology.

    One does genuinely wonder, however, what Apple's end game is. They get into these situations where they become so convinced of their own piety they tend to ride the train straight to hell instead of looking for a convenient and practical way to get off. A little humility and less hubris would serve Apple well as a brand and as a company.
    Poaching is not illegal, and neither is designing around a patent, regardless of whether it is done with or without "poached" employees. And of course, bringing a product to market is going to be faster if you have the help of your competitor's former employees, which is why every company on earth, including Masimo, has done it.  All of that may repulse your own sense of morality, but none of it standing alone establishes patent infringement or any other tort.


    jibthtflashfan207ronndaven13485watto_cobra
  • Reply 13 of 20
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 

    Clear infringement by Apple should lead to payment but patents were never intended to be weaponized to the point of preventing inventiveness. That is what trolls do. In this case,  I believe that there is a better than good chance that the remaining 2 claims will be invalidated due to obviousness. The patent strategy by Masimo seems to have been a strategic firing at Apple, timed to the release of their W1 watch which Apple argues infringes design and functionality patents. That case is yet to come to court.  Masimo claims seem to center on some sort of 'opaque extrusion with chamfered edges' to allow light to better reach the sensor. A chamfered edge is a cut on the edge or corner of something that makes it slope slightly rather than being perfectly square. This seems very very trivial and if this 'invention' is what is causing the import ban, well I hope that Apple not only wins, but is able to assign all their legal costs and lost sales to Masimo. While I think that Masimo is not a 'non practising entity' troll,  they sure are acting like one.
    ronndavwatto_cobra
  • Reply 14 of 20
    You know, Apple could disable O2 on the watch and throw in a $5 fingertip reader to sweeten the deal.
    kkqd1337neoncatdavwatto_cobra
  • Reply 15 of 20
    MisterKit said:
    You know, Apple could disable O2 on the watch and throw in a $5 fingertip reader to sweeten the deal.
    lol I love this solution 
    watto_cobra
  • Reply 16 of 20
    flydog said:

    neoncat said:
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    The tale is an interesting read, you'd do yourself a favor to at least Google a basic summary of what has happened and why. It involves Apple poaching employees from Masimo, one employee in particular lobbying Apple for a job, said employee only lasting a short time, and Apple bringing a pulse ox measurement device to market much faster than would normally have been expected given the complexity of the technology.

    One does genuinely wonder, however, what Apple's end game is. They get into these situations where they become so convinced of their own piety they tend to ride the train straight to hell instead of looking for a convenient and practical way to get off. A little humility and less hubris would serve Apple well as a brand and as a company.
    Poaching is not illegal, and neither is designing around a patent, regardless of whether it is done with or without "poached" employees. And of course, bringing a product to market is going to be faster if you have the help of your competitor's former employees, which is why every company on earth, including Masimo, has done it.  All of that may repulse your own sense of morality, but none of it standing alone establishes patent infringement or any other tort.


    Indeed. And wouldn’t it be wonderful if companies started to put more value in their employees and make it more attractive for them to stay employed with them? If a company refuses to pay an employee in a manner they feel they should be compensated, they have every right to quit and seek better opportunities elsewhere to take better advantages of their skill sets. I applaud the individuals that have the guts to do this.
    watto_cobra
  • Reply 17 of 20
    Why doesn't Apple just buy Masimo outright?
    Their market capitalization is $6.25 billion, a fraction of the $61 billion Cash-on-Hand that Apple has in petty cash.
    And Apple gets all Masimo's other medical tech which fits right in with Apple's business model.
    Maybe Apple is trying to drive down Masimo's stock price before scooping them up.
    williamlondonwatto_cobra
  • Reply 18 of 20
    thrangthrang Posts: 1,010member
    What is not clear here: is Apple's software patch ti disable the sensor on new watches sold in the US sufficient to keep the product on sale while the appeals process plays out? I presume yes, and Apple was first looking to see if the stay would be enforced....
    williamlondonwatto_cobra
  • Reply 19 of 20
    XedXed Posts: 2,575member
    kkapoor said:
    deckert63 said:
    Is Masimo a real healthcare technology firm or are they a patent troll? If the former, not sure why apple doesn’t pay them the license fees like they do Qualcomm. If the latter, may Masimo rot in special place in hell only reserved for patent trolls. 
    They are a real company and their claim against Apple is legitimate.
    They are a real company acting as a troll. Their patent claims aren't as valid as you want to believe. We've already seen one hung jury where all buy one person sided with Apple on the O2 sensor variances between Apple and Masimo.
    badmonkKierkegaardenronndaventhtstevenoztenthousandthingsdavwilliamlondonwatto_cobra
  • Reply 20 of 20
    thrangthrang Posts: 1,010member
    Why doesn't Apple just buy Masimo outright?
    Their market capitalization is $6.25 billion, a fraction of the $61 billion Cash-on-Hand that Apple has in petty cash.
    And Apple gets all Masimo's other medical tech which fits right in with Apple's business model.
    Maybe Apple is trying to drive down Masimo's stock price before scooping them up.
    As Apple was one vote away from a unanimous decision in their favor (6-1), and with, I believe, 15 of 17 Masimo patents already invalidated (and the remaining two under review), perhaps they are not as solid a company as one might think. Plus Masimo acquired a whole bunch of consumer audio products in 2022 (Denon, Marantz, Polk, B&W, and more) in their acquisition of Sound United. That's is a whole heap of legacy crap that I sincerely doubt Apple would be interested in paying for as part of the valuation... and makes me wonder exactly what their focus is.
    edited January 18 ronnwilliamlondonlesterkrimbaughwatto_cobra
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