back to article Apple pulls Watch Series 9, Ultra 2 from shelves in US after Masimo patent brawl

If you're planning to give someone an Apple Watch Series 9 or Ultra 2 for the holidays you'd better act fast: Apple plans to pull both models from shelves in the United States in mere days after losing a patent fight earlier this year.  The US International Trade Commission ruled in October that Apple had violated patents held …

  1. aerogems Silver badge
    Big Brother

    Such a stupid system

    Ignoring whether the patent is valid or one of those stupid ones companies file in the hopes they can one day get a big payout, forcing a company to stop selling a product seems like it's cutting off your nose to spite your face. Instead, there should be some kind of forced licensing of the patent and the "offending" company has to put money into an escrow account if they plan to appeal the decision. If they win on appeal they get that money back, otherwise it goes to the company whose patent they were supposedly violating. Pulling the product just means neither company can profit from the "offending" device.

    1. IGotOut Silver badge

      Re: Such a stupid system

      Yes and no.

      The problem with your solution is that companies with the financial clout of Apple could drag this out for a decade or more and potentially bankrupt companies doing so, with no real penalties for them.

      Stopping imports is a way to force them to licence, negotiate or failing that, have a real world financial cost.

    2. Bonzo_red

      Re: Such a stupid system

      Has Masimo offered to license the patents or would they rather sell their own blood-monitoring smart watches in greater numbers?

      1. katrinab Silver badge
        Gimp

        Re: Such a stupid system

        They've offered to sell their own chip to Apple.

        I'm guessing, aside from the cost of that vs making their own as they do now, it would be difficult to fit that inside an Apple watch.

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