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Reuters:
Apple convinced a federal jury on Friday that early versions of health monitoring tech company Masimo’s smartwatches infringe two of its design patents as part of a broader intellectual property dispute between the companies. The jury, in Delaware, agreed with Apple that previous iterations of Masimo’s W1 and Freedom watches and chargers willfully violated Apple’s patent rights in smartwatch designs.
But the jury awarded the tech giant, which is worth about $3.5 trillion, just $250 in damages — the statutory minimum for infringement in the United States. Apple’s attorneys told the court the “ultimate purpose” of its lawsuit was not money, but to win an injunction against sales of Masimo’s smartwatches after an infringement ruling.
On that front, jury also determined that Masimo’s current watches did not infringe Apple patents covering inventions that the tech giant had accused Masimo of copying.
$250 is just enough for Apple to buy one of its own 40mm Apple Watch SE models. (No sales tax in Delaware.) That’s about all Apple got out of this. This victory doesn’t change the ITC import ban that prevents Apple from enabling the blood oxygen sensor on watches sold in the U.S. after December 2023. It might have, if Apple had been able to win a verdict holding that Masimo’s current watches also infringe patents held by Apple. Florian Mueller, writing at IP Fray:
In order to understand the reason why Apple sued over a product practically no one buys, one has to understand the indirect ramifications for Masimo’s U.S. import ban on Apple Watches with a pulse oximetry feature. Only the indirect implications matter in this case. The short version is that if Masimo couldn’t have continued to sell its own smartwatch, they’d have lost a legally required basis for preventing Apple from selling smartwatches.
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Andrew R. Chow, reporting for Time:
Twenty-four years ago, the surgeon Santiago Horgan performed the first robotically assisted gastric-bypass surgery in the world, a major medical breakthrough. Now Horgan is working with a new tool that he argues could be even more transformative in operating rooms: the Apple Vision Pro.
Over the last month, Horgan and other surgeons at the University of California, San Diego have performed more than 20 minimally invasive operations while wearing Apple’s mixed-reality headsets.
The details of this particular use case are largely about ergonomics, and the advantage Vision Pro provides seems profound:
In laparoscopic surgery, doctors send a tiny camera through a small incision in a patient’s body, and the camera’s view is projected onto a monitor. Doctors must then operate on a patient while looking up at the screen, a tricky feat of hand-eye coordination, while processing other visual variables in a pressurized environment. “I’m usually turning around and stopping the operation to see a CT scan; looking to see what happened with the endoscopy [another small camera that provides a closer look at organs]; looking at the monitor for the heart rate,” Horgan says.
As a result, most surgeons report experiencing discomfort while performing minimal-access surgery, a 2022 study found. About one-fifth of surgeons polled said they would consider retiring early because their pain was so frequent and uncomfortable. A good mixed-reality headset, then, might allow a surgeon to look at a patient’s surgical area and, without looking up, virtual screens that show them the laparoscopy camera and a patient’s vitals.
20 percent of surgeons saying they’re considering retiring early because of the discomfort from this is a high number! And the $3,500–4,000 price for Vision Pro isn’t merely acceptable in this context, it’s a downright bargain:
Christopher Longhurst, chief clinical and innovation officer at UC San Diego Health, says that while the Vision Pro’s price tag of $3,499 might seem daunting to a regular consumer, it’s inexpensive compared to most medical equipment. “The monitors in the operating room are probably $20,000 to $30,000,” he says. “So $3,500 for a headset is like budget dust in the healthcare setting.”
Makes me wonder if these high-end professional and industrial use cases are to the Vision platform this decade what desktop publishing was to the Mac in the 80s? Years ahead of mass market appeal, but a revolutionary breakthrough for a longstanding industry. Such a clear value to those in the industry that they’re not just merely ambivalently accepting the new platform, but champing at the bit to switch to them. Something for the platform to build from until boom, there’s a tipping point where it expands into the mass market. I got into graphic design and desktop publishing my sophomore year of college, in 1992, and by that time the industries of graphic design and professional printing were entirely Macintosh-based, yet the platform (counting the LaserWriter) was only 6 or 7 years old.
But in the fall of 1984, the Macintosh was considered a flop.
★Beta testing your apps, games, and App Clips is even better with new enhancements to TestFlight. Updates include:
To get started with TestFlight, upload your build, add test information, and invite testers.
Chance Miller at 9to5Mac has done the yeoman’s work of providing a full illustrated change log for iOS 18.2 beta 1. Here’s one I wasn’t expecting, but which now that I think about it, isn’t surprising:
iOS 18.2 lets users set default apps for Messaging and Calling worldwide. This is managed through a new “Defaults” menu in the Settings app, where you can set defaults for these apps in the US:
Clearly this wouldn’t be in iOS 18.2 anywhere in the world if the European Commission weren’t demanding it for DMA compliance, but given that Apple had to do it for the EU, why not make it worldwide? This isn’t a “We think this is a bad idea” thing from Apple’s perspective, like, say, alternative app stores. It’s a “We don’t think this is all that important an idea” thing.
DMA compliance features that Apple wouldn’t have otherwise prioritized, but isn’t outright opposed to, are likely to be made available worldwide. Features Apple is opposed to will remain exclusive to the EU. For example, in iOS 18.2 beta 1 in the EU, users can now “delete” apps like Photos and Camera. That’s a spectacularly dumb idea, so it’s only in the EU.
★Apple Developer News:
Following feedback from the European Commission and from developers, in these releases developers can develop and test EU-specific features, such as alternative browser engines, contactless apps, marketplace installations from web browsers, and marketplace apps, from anywhere in the world. Developers of apps that use alternative browser engines can now use WebKit in those same apps.
I just spent a few minutes trying to figure out how this works, but haven’t found it. If anyone can point me to the answer, let me know. It’s kind of bananas that EU-specific features couldn’t even be tested outside the EU until now.
★