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It is interesting though. He says that Apple has not approached him for a settlement but also that there were mediation meetings that he can't go into.
Mediation meetings != settlement talks. Masimo is looking to license it and get paid a royalty fee per unit. Apple is trying to say "If we change this, then it doesn't violate the patent, ok?" It seems like they are still very far apart on this, with one wanting money and the other not offering any money.
"And wear both, because our device doesn't do most of what the Apple Watch does. Only O2 sensing."
Nobody is going to do this.
This particular case only affects future sales IN the US. Nothing outside of the US, because it all involves a US patent and the ITC, a US regulatory agency.
This is the thing. Most people who have an Apple Watch have no reason to buy a standalone sensor. They aren't going to suddenly go out and buy one from Masimo just because the one on their Apple Watch is no longer implemented. The only people who would go and buy an expensive sensor from them either have a health condition that warrants it, or are hardcore fitness buffs that want to montior their O2 levels. This whole lawsuit will likely not really pay out for Masimo unless Apple agrees to a royalty fee of some sort.
The vast majority of people that want an Apple Watch will not change their mind because this feature is gone. Most people aren't going to go buy a Masimo Watch instead, and they certainly aren't going to buy both and wear both.
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Yup, broad patents like this stifle innovation, and should not be given a patent. The specific method should be allowed a patent, but if another company finds a way to accomplish the same result in a different way, then it should be allowed. Especially since Masimo hasn't even come out with a wearable that competes with Apple or others. If/when they do, it's likely to not be anything like the Apple Watch, because a lot of the functionality of the Apple Watch will not be there.