this post was submitted on 27 Oct 2023
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Apple Watch faces potential import ban in the US | The International Trade Commission has found Apple in violation of a bloody oxygen tracking patent owned by Masimo.::Apple could be potentially facing an Apple Watch import ban in the US for infringing a blood oxygen tracking patent owned by Masimo.

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[–] [email protected] 89 points 10 months ago* (last edited 10 months ago) (3 children)

>"bloody oxygen tracking patent"

>click on post

>"blood oxygen tracking patent"

:/

[–] [email protected] 34 points 10 months ago (1 children)

Clearly the bot is British

[–] [email protected] 11 points 10 months ago

It would all be fine if it weren't for that bloody oxygen tracking patent!

[–] [email protected] 11 points 10 months ago

Had to reread this comment twice to realize…

[–] [email protected] 3 points 10 months ago

It really was a disappointment

[–] [email protected] 28 points 10 months ago (6 children)

Medical patents and approvals are an interesting miasma of red tape. Apparently the new Pixel 8's have been having some hurdles with them. They contain a temperature sensor which can supposedly be used to check body temperature and monitor for disease. But merely checking body temperature makes it a Class II medical device which requires a ton of paperwork and red tape from the FDA, with disease tracking making it even more difficult. So that's why the Pixel 8 was released with a temperature sensor which, for now, can only be used to measure external things and is prohibited from being accesed by third part developers.

Another good example is 23andme. When they first started, it wasn't just genealogy information. They'd give a whole background of genetic diseases and conditions you might be at risk for. Then the FDA found out and shut it down since they didn't go through the hoops required to give out medical advice. So even though they have the complete capability to gather that information accurately, they are no longer allowed to provide it to their customers, simply due to red tape.

[–] [email protected] 4 points 10 months ago (2 children)

Huh? They still provide the “you have this variant linked to this disease” thing. What are you talking about?

[–] [email protected] 3 points 10 months ago (1 children)

Your comment posted multiple times

[–] [email protected] 1 points 10 months ago

Thanks for the heads up! Good ol Memmy…

[–] [email protected] 2 points 10 months ago* (last edited 10 months ago)

No, they aren't allowed to do genetic testing for actual genetic diseases, like the mutation in this gene causes Huntington's Disease or something. They are allowed to comment on vague things like genetic modifiers of common diseases (like, people with this change have a relative risk of heart disease is 2.5% higher than the population).

They also don't have the capability to do that genetic testing for actual diseases safely or accurately. Or else they would have no problems complying with fda regulations that are in place for medical tests for good reason. There's tons of companies that do genetic testing, even whole exome and whole genome, it's easier than ever to get genetic testing done relatively cheaply. Those companies also have to do things like provide access to genetic counselors and followup family testing. 23andme doesn't want to do any of this stuff, they just wanted to charge you cash directly and plop a bunch of information directly in front of someone that's tough even for doctors and genetic counselors to interpret, and all the many many problems that would have led to.

[–] [email protected] 13 points 10 months ago (1 children)

I think Apple would sue if Masimo was copying their watch, yeah?

“Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple,” an Apple spokesperson told Reuters. “While today’s decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal.”

[–] [email protected] 13 points 10 months ago* (last edited 10 months ago) (1 children)

They have:

“Apple has separately sued Masimo for patent infringement in federal court in Delaware. It has called Masimo's legal actions a "maneuver to clear a path" for its own competing smartwatch.”

[–] [email protected] 1 points 10 months ago

Did they win?

[–] [email protected] 6 points 10 months ago

Lol, no fucking way this happens.