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Re:Apple Watch no longer sold with blood oxygen monitoring a... by tamaharbor on Sunday January 21, 2024 @06:04PM (#39083981)
It probably won’t be long before they are forced to brick the O2 functionality of existing watches as well. Why don’t they just pay up?
Re:Apple Watch no longer sold with blood oxygen monitoring a... by prepend on Sunday January 21, 2024 @06:25PM (#39084124)
I assume because it’s cheaper to lose that feature than the pay the required licensing fee.

The patent holder is a medical device company that is probably used to much more expensive price points than consumer tech. So having a $300 watch available that does o2 readings as much as a multi thousand dollar medical device is probably something they aren’t super thrilled about being in the market.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by jkaplowitz on Sunday January 21, 2024 @06:34PM (#39084182)
They in fact do offer their own "consumer-targeting smartwatch, the W1 series, [with] FDA clearance for providing blood oxygen saturation levels." (Source: the article we're all discussing.)

Link to their smartwatch: https://www.masimopersonalhealth.com/products/masimo-w1 It's actually in the same price range as the Apple Watch Series 9.

So their reluctance to license the patent to Apple may be probably partly about competing with Apple, partly about Apple's alleged bad-faith behavior in past dealings with them, and possibly also disinclination on the part of Apple to pay them for a license. But not about Apple's retail price point per unit.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by WWLink on Sunday January 21, 2024 @06:58PM (#39084379)
There's also a membership that doesn't look optional....
Re:Apple Watch no longer sold with blood oxygen monitoring a... by eloisius on Sunday January 21, 2024 @06:33PM (#39084176)
Blood oxygen monitors aren’t event expensive. You can buy little ones that clamp onto your fingertip for like $20. Seems odd that they couldn’t use their weight to secure a license. Where is the Apple that refused to have the “Intel inside” stickers on their laptops?
Re:Apple Watch no longer sold with blood oxygen monitoring a... by Maxious on Sunday January 21, 2024 @06:57PM (#39084366)
They were negotiating a licence but their star engineer emailed Tim Cook offering to work for Apple directly after he wasn't made CTO of a spinoff company.

> He clashed with managers, demanded multimillion-dollar budgets and wanted the ability to hire his own engineers without approval, Hotelling said in a deposition that was part of a court fight between the companies. After weeks of discussions, Lamego left Apple. After his stint at Apple, Lamego ended up starting his own company, True Wearables. In 2016, he released a device called the Oxxiom, which he called the world’s first continuous and disposable blood-oxygen sensor. Masimo sued the start-up and won a court order blocking it from selling the product.

https://www.smh.com.au/business/companies/the-late-night-ema...

Re:Apple Watch no longer sold with blood oxygen monitoring a... by FirmwareBurner on Sunday January 21, 2024 @06:58PM (#39084383)
>Blood oxygen monitors aren’t event expensive. You can buy little ones that clamp onto your fingertip for like $20.

It's not about just any blood oxigen measuring tech, there's various ways you can do it and apparently Apple's newest watch is implementing a very accurate technique developed by Masimo.

Those $20 devices exist because measuring blood oxygen accurately via light refracted through flesh is way easier than via light reflect off the flesh(especially as you move around), which is what this fight is all about.

>Seems odd that they couldn’t use their weight to secure a license.

Or, you know, pay for it? It's not like Apple is scrapping for change behind the couch cushions.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by ffgjgf1 on Monday January 22, 2024 @03:53AM (#39087614)
> implementing a very accurate technique developed by Masimo.

I’m not sure it’s very technologically complex though. Seems like the patent just covers the positioning of a few sensors. It’s about as silly as allowing “multitouch” to be patented…

Re:Apple Watch no longer sold with blood oxygen monitoring a... by kcplate on Sunday January 21, 2024 @08:50PM (#39085138)
> I assume because it’s cheaper to lose that feature than the pay the required licensing fee.

Without a doubt. I would imagine the number of people that would actually choose to not buy an Apple Watch because it doesn’t have a blood oxygen sensor is really really small. I also believe it’s likely that people considering upgrading an existing Apple Watch will not be deterred by the removal of the feature. My sense is that Apple felt that it had basically nothing to lose. They were going to incur some legal costs in this anyway, why not let that play out? Remove it if you lose the battle. If you lose out on maybe <500 watch sales no biggie, you still have the optics to your customer base that you exhausted all options to keep the feature.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by FireBeyond on Sunday January 21, 2024 @09:02PM (#39085208)
Masimo barely targets the consumer market. 97% of their revenue is hospital devices. They’re not competing.

Their devices tie in to hospital EMRs, do brain activity monitoring, and all sorts of other thing’s that aren’t in the same ballpark as an Apple Watch.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by Booourns on Sunday January 21, 2024 @06:45PM (#39084261)
The order is only that they can’t import them into the US with this feature enabled. The sensor is still on it and been disabled in software.

The actual case around the patent infringement is still going through the courts and if I understand correctly nothing has been decided with that.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by Sai_ on Sunday January 21, 2024 @06:58PM (#39084382)
Could apple publish a way for US customers to themselves re-enable the feature? If publishing software is a first amendment right, then I don’t see any legal way to prevent them from doing this.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by ffgjgf1 on Monday January 22, 2024 @03:54AM (#39087622)
I would really love to see Apple providing explicit instructions on how to jailbreak their own devices
Re:Apple Watch no longer sold with blood oxygen monitoring a... by rwc on Sunday January 21, 2024 @06:29PM (#39084145)
Because the O2 sensor was a COVID-era feature that nobody cares about now and moves zero units. Soon Apple will have definitive confirmation in the form of Watch sales data.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by al_borland on Sunday January 21, 2024 @06:38PM (#39084209)
It’s not only useful for COVID, that just got it mainstream attention. If used along with the sleep tracking, it seems like the O2 could signal someone to get treated for sleep apnea. The Apple Watch Ultra is geared toward hikers and people going off the beaten path, for those in the mountains, this is something to monitor at high elevations. It can also signal the user of heart and lung issues that they’d want to get eyes on.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by dghlsakjg on Sunday January 21, 2024 @06:57PM (#39084369)
I care about it. Its actually the only new feature that I would have upgraded for.

I know a lot of people that got it for that specific feature. Not one of them got it for COVID or medical reasons.

There are huge communities of people that really like this feature. Notably, many people that do things at altitude.

I won't pretend that my narrow experience is a market maker, but I also won't generalize it to say something as broad as its a feature "nobody cares about now and moves zero units."

Try to think beyond your own experiences and worldview.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by d6e on Sunday January 21, 2024 @06:49PM (#39084301)
It’s also useful for VO2 max calculation which is commonly trained for athletes
Re:Apple Watch no longer sold with blood oxygen monitoring a... by nradov on Sunday January 21, 2024 @06:56PM (#39084364)
No, SpO2 isn't used for VO2 Max calculations. SpO2 measured at the wrist doesn't tell you anything about how much oxygen is being metabolized. Only heart rate (including HRV) and speed or power are used as input for the VO2 Max estimate. Wristwatches can't even measure SpO2 accurately when you're running around, you have to hold fairly still to get a consistent reading.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by arthurofbabylon on Sunday January 21, 2024 @06:32PM (#39084171)
Sentence 2 is particularly interesting.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by dbcurtis on Sunday January 21, 2024 @07:00PM (#39084404)
Not entirely true. My wife has O2 respiratory efficiency problems, and uses both an Apple watch and an Oura ring for sleep monitoring and charts O2 patterns daily. So at least some people care intensely. As to sentence two, it was exactly the O2 feature that prompted my wife to get the watch. No O2 monitoring, no sale. If O2 monitoring went away on her current watch, the watch would be up on E-Bay, most likely, as she doesn't find anything else about it that compelling. In my case, the compelling feature for me is exercise tracking and heart-rate monitoring.

This is yet another case where it is easy to fall into the "product manager trap" -- that is: designing for "most people". The trap is to de-feature things where "most people" have only modest engagement, but a few (likely your most evangelical customers) care intensely about that feature. Don't fall into that trap. The goal is to create a feature collection of "the one thing" that each segment cares intensely about, not to create a basket of meh features that everyone finds meh.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by amelius on Sunday January 21, 2024 @06:26PM (#39084129)
> Why don’t they just pay up?

Unfortunately, patents can entirely block the use of a technology, even if enormous sums of money are being offered to use the tech.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by FirmwareBurner on Sunday January 21, 2024 @06:53PM (#39084330)
That's false. Apple brain-fucked Masimo to spill their beans on how their tech works, precisely with the promise they were gonna license it. Then they did a switcheroo where they went ahead and integrated their tech without paying them.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by echelon on Sunday January 21, 2024 @06:57PM (#39084373)
Scummy as fuck. Masimo should get billions from this in compensation.

Giants should get body slammed by the DOJ when they treat little companies like this.

Let this be a lesson to every startup: file patents!

Re:Apple Watch no longer sold with blood oxygen monitoring a... by ffgjgf1 on Monday January 22, 2024 @03:59AM (#39087645)
> Apple brain-fucked Masimo to spill their beans on how their tech works

That hardly makes sense since Masimo had to disclose that themselves when filling the patent for their “tech”

Re:Apple Watch no longer sold with blood oxygen monitoring a... by FirmwareBurner on Monday January 22, 2024 @05:02AM (#39087949)
Patents don't always explain everything. Otherwise why would Apple want to to have meetings with Masimo in the first place if they could just rip off their patent directly.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by albert180 on Sunday January 21, 2024 @06:34PM (#39084181)
Somehow others competitors managed to do it without patent infringement or just pay the licence fees. Apple just thought they were so big that they could get away with stealing the IP, because they have deeper pocket for court proceedings. It's not the first time they do it
Re:Apple Watch no longer sold with blood oxygen monitoring a... by toomuchtodo on Sunday January 21, 2024 @06:38PM (#39084211)
Apple will just not offer the capability until the patent expires. Consumers will still buy the watches, they bought them before this existed.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by markemer on Sunday January 21, 2024 @07:11PM (#39084471)
Not even that. They’re suing to invalidate the patent entirely and are also attacking the W1 watch Massimo sells based on Apple Patents. I’m not sure as to why Apple decided to go full scorched earth, but man they pissed somebody off.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by ffgjgf1 on Monday January 22, 2024 @03:57AM (#39087633)
It would be a fantastic outcome if they managed to get the patent invalidated because it seems rather silly (not that Apple, just like other larger corporations, doesn’t have a tendency to patent perfectly “obvious” “innovations” either)
Re:Apple Watch no longer sold with blood oxygen monitoring a... by albert180 on Monday January 22, 2024 @04:15AM (#39087725)
Well back then it was a major breakthrough for more accurate measurements, so no. Fuck Apple and their we can steal anything we want attitude. The other way around they are not that lenient
Re:Apple Watch no longer sold with blood oxygen monitoring a... by albert180 on Sunday January 21, 2024 @06:53PM (#39084336)
If the court finally determines in the End that they violated the patent, they have no choice but to pay up for all the watches already out there. If they are smart they will now offer a good deal for both sides instead of loosing and pay a huge punitive damage
Re:Apple Watch no longer sold with blood oxygen monitoring a... by toomuchtodo on Sunday January 21, 2024 @06:55PM (#39084356)
Apple has almost a $3T market cap, I'm sure their legal team will be fine coming to a favorable arrangement if nerfing the functionality with software updates isn't sufficient. They can fund any settlement out of ~$380B in annual revenue. Any settlement under ~$1B is a day of revenue. The horror.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by albert180 on Sunday January 21, 2024 @06:57PM (#39084374)
How should that be sufficient. They have already done the damage and used the technology they didn't pay for. Also customers will sue if they nerve a feature via software that was advertised bigly back then, claiming that this was the reason they bought the watch
Re:Apple Watch no longer sold with blood oxygen monitoring a... by toomuchtodo on Sunday January 21, 2024 @07:00PM (#39084397)
"Laws are for poor people." Apple will outlast any legal challenges, and any successful will be immaterial to their financials. I have no dog in this fight (no exposure to AAPL besides whatever is in index funds, no standing in claims), just calling it how it is. Any class action is going to be cost of business. At a certain market cap and revenue run rate, it doesn't matter. Some damages will get paid, class action counsel will get paid, consumers will get a few bucks, and everyone will move on until the patent expires. Might have a securities fraud lawsuit to contend with too, everything is securities fraud as Matt Levine @ Bloomberg says. Very similar to Tesla's FSD story. You can outrun the financial liability if your sales and brand are strong enough.

Was it wrong what Apple did? The moral position is irrelevant. We might as well argue over the color of the bikeshed.

Re:Apple Watch no longer sold with blood oxygen monitoring a... by cqqxo4zV46cp on Sunday January 21, 2024 @06:29PM (#39084144)
There’s definitely a price tag, and Apple doesn’t want to pay.
Re:Apple Watch no longer sold with blood oxygen monitoring a... by jzl on Sunday January 21, 2024 @06:36PM (#39084198)
Because modern day Apple will happily cut off their hand to spite their face.