4 ms·
This seems like a problematic patent based on two of the doctrines, both of which the courts have largely abandoned. Firstly, it’s patently obvious. The pulse o
by jl2718 3y ago
This seems like a problematic patent based on two of the doctrines, both of which the courts have largely abandoned. Firstly, it’s patently obvious. The pulse ox technology in a transmissive mode is very old, and so is HRM in a reflective mode, and the only difference is in the subtleties of the engineering, none of which is reflected in the patent nor the claims. The second reason, relatedly, is the requirement for “replicability by a person of ordinary skill”. The patent reveals nothing that would enable someone to do that, and certainly doesn’t add anything to the ability of a skilled person to do so. The whole thing is just an idea, not an original one, and ideas are not supposed to be patentable.
- kurthr 3y agoI think the key here (similar to what happened to Blackberry-RIM which was sued by NTP) is that the ITC has stepped in before other courts or the Patent Office have had their final say. The argument being that Masimo would be harmed by the importation, while the ban will cost Apple $Billions. Rocket-dockets and the ITC are useful tools if you're the plaintiff in getting a big settlement. NTP had it's patents invalidated shortly after RIM settled for most of a $B, but it didn't matter since BB couldn't afford to have their email servers turned off. Apple probably can afford this. I'm not sure if the patents are in reexam or not, but I'd expect them to be. https://www.computerworld.com/article/2562540/update--rim-settles-ntp-patent-fight-with--612-5m-payment.html https://www.computerworld.com/article/2562540/update--rim-se...