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Post by CdnPhoto on Dec 20, 2023 4:36:59 GMT -8
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aapl
fire starter
Posts: 179
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Post by aapl on Dec 20, 2023 10:46:03 GMT -8
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4aapl
Moderator
Posts: 3,634
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Post by 4aapl on Dec 20, 2023 11:40:01 GMT -8
Quiet day here. Has anyone looked into the patents that could prevent the sale by Apple directly (sounds like 3rd parties will still be able to sell them) of the Series 9 and Ultra 2 Watch? Most stories don't give much info. But my son asked about it, so I figured I should learn a bit more about it, along with how Apple might be working around it with a software change. It looks like there was both a lawsuit which had a mistrial, but also a complaint to the U.S. International Trade Commission (ITC). The ITC must have different enforceable choices, leading to why it has been said that if the Watch was made in the US it wouldn't be a problem, whereas it was a US Patent (actually a host of them) that were under dispute. After going up a few levels, the "initial determination on violation" was for claim 24 and 30 of patent 10,945,648 www.sec.gov/Archives/edgar/data/937556/000093755623000003/masi-20230110xex991.htmpatents.google.com/patent/US10945648B2/enwww.medtechdive.com/news/Apple-Masimo-mistrial-lawsuit-MASI-AAPL/649185/www.medtechdive.com/news/AAPL-MASI-Apple-Watch-Patent-Infringement-ITC-Masimo-Oximeter/640239/FWIW, the xmas day was based on 60 days after the ruling. And it looks like Masimo (ahhh, the fashion designer is Mossimo) has been a little peeved at Apple since 2013 when they hired away their chief medical officer and other employees. www.inquartik.com/blog/case-litigation-applewatch-masimo-patent-quality-analysis/And here is a few more links: www.businesswire.com/news/home/20231026948697/en/United-States-International-Trade-Commission-Issues-Exclusion-Order-for-Infringing-Apple-Watches-Finding-that-Apple-Violated-U.S.-Trade-Lawswww.usitc.gov/system/files?file=secretary/fed_reg_notices/337/337_1276_notice10262023sgl.pdfThose 2 claims look pretty general and not software related, but I think the key is following the tree up to what they are based on, and finding chinks in the patent. Or looking at the limitations of the ITC, the determination, and exactly what the determination states (while it also states that some of the determination is to be kept private from the public) Normally I wouldn't want to see Apple scooting by due to a technicality, especially with Masimo pushing the "they're a big bully and not paying the little guy for our patents, and steeling our trade secrets.", sometimes patents are amazingly wide (see claims 8 thru 19, not just claim 12 that was ruled invalid (I'm guessing the others weren't used or challenged, as most seem pretty invalid)). But their path with other parts and sensors makes me feel that generally Apple does pay royalties for things it doesn't make in house, and the mistrial where all but one jurist sided with Apple helps me believe that Apple is either doing the right thing as far as this patent or it at least isn't obvious that they are doing the wrong thing. I know some of you out there have much more knowledge about this patent, patent law, or the limitations of the multiple cases and their enforcement. What are the flaws and chinks here, for or against Apple. And is the strange limitation on enforcement due to the limitations of "section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337", with maybe " the sale within the United States after importation" being limited to a singular company? Or does the wording of importation and functionality, and talk about if assembly was in the US this wouldn't be an issue, mean that a SW solution would be to turn off this feature and then reenable it in the US or have the end user turn it on? In the past few years I've learned enough to know that with the law, the exact wording and interpretation matters a lot, and what might look ok to the lay person often is full of potential holes. Fun stuff. We'll see what happens in the next 5 days. I think Apple has a plan. This is getting a lot of free press, though in this case I don't think that all press is good press. Still, I wouldn't be surprised if this is helping boost sales a little, pushing people to buy one "before they disappear!!!". And one last thing. It's from Masimo, but it could be a good reason to pick up an Apple Watch, if you or a loved one is having a surgery: finance.yahoo.com/news/masimos-masi-latest-tie-boost-162000061.html
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Post by Luckychoices on Dec 20, 2023 13:29:06 GMT -8
Once again, the AAPL chart today makes me glad to be an AAPL Long. It opened at $196.90...rose to it's high of $197.68 within the first 20 minutes and then finished the day, down -1.07%. There were 47 million+ shares traded today, so this was business as usual for some. OTOH, a glance at the second attachment shows that the other tech stocks did pretty much the same, except for GOOG. I have no idea what happened about 2:30PM or so, but most of the stocks headed down about that time. I'm sure someone on AFB can clarify what the factor was this time.
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Ted
fire starter
Posts: 882
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Post by Ted on Dec 20, 2023 14:04:24 GMT -8
Masimo is offering Apple the quick off-ramp ($$$) from the Watch ban, but will Apple settle? And before the deadline? finance.yahoo.com/news/masimo-ceo-open-settling-apple-190741402.html?.tsrc=rss"Masimo Corp. Chief Executive Officer Joe Kiani, head of the medical device maker that has put Apple Inc.’s smartwatch on the brink of a US ban, said he’d be open to settling with the company. The executive, speaking Tuesday on Bloomberg TV, said the “short answer is yes,” when asked if he’d settle, but he declined to say how much money he’d seek from Apple. Kiani said he would “work with them to improve their product.”
“They haven’t called,” he said. “It takes two to tango.”
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Ted
fire starter
Posts: 882
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Post by Ted on Dec 20, 2023 14:23:55 GMT -8
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4aapl
Moderator
Posts: 3,634
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Post by 4aapl on Dec 20, 2023 14:58:55 GMT -8
This is good news: Apple ramps up Vision Pro production, plans February launch - Bloomberg NewsI'm sure Apple will pick a great timeframe based on supply, holidays , and both internal and external software. But if these dates are right and hold, it seems like an announcement and ordering in late January, and initial deliveries by Valentine's day or Chinese New Year (Feb 10th in 2024).
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4aapl
Moderator
Posts: 3,634
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Post by 4aapl on Dec 20, 2023 15:20:18 GMT -8
Do we want to see a few more posts and links here, even if they are interesting but not really tight to the main topic? I'll open up another thread to ask this in a longer running format, but for today here are two that aren't really directly related to Apple, AAPL, or finances, and one that is. Who knew being a gardener could be so lucrative? Hermes billionaire wants to bequeath fortune to his gardener"3.15 megajoules" sounds a lot more impressive than "enough [energy] to boil around 10 kettles of water". But 4 net positives is a good thing, even if it's taken a long long time to get here (I visited the building 31 years ago, and it wasn't brand new then). Scientists successfully replicate historic nuclear fusion breakthrough three timesAnd finally, we have Recession fears are starting to fade for Americans...though add that to the article saying 77% expect rate cuts to start in March, and more people expecting the market to go up in 2024, and there is the worry of people getting a little ahead of what is realistic.
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4aapl
Moderator
Posts: 3,634
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Post by 4aapl on Dec 20, 2023 19:32:49 GMT -8
We'll see what happens in the next 5 days. I think Apple has a plan. This is getting a lot of free press, though in this case I don't think that all press is good press. Still, I wouldn't be surprised if this is helping boost sales a little, pushing people to buy one "before they disappear!!!". Well, option 1 didn't work out. www.usitc.gov/secretary/fed_reg_notices/337/337_1276_notice12202023sgl.pdf The President could still block the ban, but while it happened in the past, it seems unlikely this time given what has been said by the Prez's team. But it seems likely that Apple has a plan, even if it isn't implemented in the next few days. In terms of affecting Apple's profits, this is relatively small potatoes, more similar to a small daily loss in AAPL that many/most just ignore while thinking long term. But the visibility is pretty high.
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