Appeals court pauses ban on patent-infringing Apple Watch imports

Published

5 months ago

December 28, 2023

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still on hold — Appeals court pauses ban on patent-infringing Apple Watch imports Apple pulled the Watch Series 9 and Watch Ultra 2 from sale on December 21.

Jonathan M. Gitlin – Updated Dec 27, 2023 5:27 pm UTC Enlarge / The Apple Watch Series 9 released in September 2023. Apple reader comments 139

Just before Christmas, Apple pulled two of its latest smartwatches from stores. The cause was not an unwelcome visit from the ghost of mechanical timepieces past but the International Trade Commission, which found that the California-based computer maker had infringed on some patents, resulting in the ITC banning the import of said watches. Yesterday, Reuters reported that Apple filed an emergency request for the courts to lift the ban and will appeal the ITC ruling.

And today, the US Court of Appeals for the Federal Circuit granted Apple’s wish, pausing the ban while it considers the tech company’s argument.

Apple’s watch problems started back in January. That’s when a court found that the light-based pulse oximetry sensor (found on the back of the watches) infringed patents held by Masimo, a medical device manufacturer also based in California.

At the time, Apple said since Masimo was not a consumer-focused company, it chose not to collaborate or acquire the medical device maker. Masimo, for its part, said that Apple led it on in discussions then took its idea and hired away Masimo engineers. Advertisement

In October, the ITC upheld the ruling of infringement and started the process to ban imports of the watches, giving US President Joe Biden’s administration 60 days to review the case and possibly veto the ruling.

But the Biden administration has chosen not to interfere, unlike in 2013 when the Obama administration vetoed a ban on iPhones and iPads during a patent dispute between Apple and Samsung. Although the ITC’s import ban on Apple Watch Series 9 and Ultra 2 models was supposed to go into effect on December 26, Apple pulled the watches from sale a few days early. The older Apple Watch SE, which doesn’t use the infringing blood oxygen sensor, remains on sale.

“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Apple said in a statement.

Apple had asked the CAFC to pause the ban until US Customs and Border Protection decides whether redesigned Apple Watches no longer infringe on Masimo’s patents, a decision that should be reached by January 12. Now the court has given the ITC a deadline of January 10 to respond to Apple.

This article was updated shortly after publication to reflect the court pausing the import ban. reader comments 139 Jonathan M. Gitlin Jonathan is the Automotive Editor at Ars Technica. He has a BSc and PhD in Pharmacology. In 2014 he decided to indulge his lifelong passion for the car by leaving the National Human Genome Research Institute and launching Ars Technica’s automotive coverage. He lives in Washington, DC. Advertisement Channel Ars Technica ← Previous story Next story → Related Stories Today on Ars

World

President Raisi’s death a perilous moment for Iran regime – but don’t expect a change to foreign policy

Published

2 hours ago

May 21, 2024

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President Raisi's death a perilous moment for Iran regime - but don't expect a change to foreign policy

This is a delicate time for Iran. President Raisi was the second most important man in Iran, after Supreme Leader Ayatollah Ali Khamenei.

His death, now confirmed, will have far-reaching consequences.

Although Khamenei has tried to reassure the country in recent hours, the regime will know this is a perilous moment that must be handled carefully.

Live updates – Iranian president killed in crash

There are mechanisms to protect the regime in events like this and the Revolutionary Guard, which was founded in 1979 precisely for that purpose, will be a major player in what comes next.

In the immediate term, vice-president Mohammed Mokhber will assume control and elections will be held within 50 days.

Mokhber isn’t as close to the supreme leader as Raisi was, and won’t enjoy his standing, but he has run much of Khamenei’s finances for years and is credited with helping Iran evade some of the many sanctions levied on it.

Raisi’s successor will most likely be the chosen candidate of the supreme leader and certainly another ultra-conservative hardliner – a shift back to the moderates is highly unlikely.

Likewise, we shouldn’t expect any significant change in Iran’s foreign activities or involvement with the war in Gaza. It will be business as usual, as much as possible.

However, after years of anti-government demonstrations following the death of Mahsa Amini in 2022, this might be a moment for the protest movement to rise up and take to the streets again.

Islamic State may seek to take advantage

There are also many dissident groups inside Iran, including an off-shoot of Islamic State – they might seek to take advantage of this situation.

Raisi became president in 2021 at the second time of asking and only with a turnout of 41%, the lowest since the 1979 revolution.

He was not a universally popular figure and many inside Iran will celebrate his death.

Consequences for supreme leader

Longer term, Raisi’s death will have consequences for the supreme leader.

He was considered one of the two frontrunners to succeed Ayatollah Ali Khamanei on his death – the other being Khamanei’s son Mojtaba.

For religious and conservative Iranians, Raisi’s death will be mourned; for many though, it will be the passing of a man who had blood on his hands.

US

Scarlett Johansson ‘shocked and angered’ after OpenAI allegedly recreated her voice without consent

Published

2 hours ago

May 21, 2024

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Scarlett Johansson 'shocked and angered' after OpenAI allegedly recreated her voice without consent

Scarlett Johansson has said she was “shocked” and “angered” after OpenAI allegedly recreated her voice without her consent for a new ChatGPT system.

The actress released a statement where she personally criticised the company’s CEO Sam Altman for insinuating she was the voice named ‘Sky’ by posting the word ‘her’ on X, a reference to a film where she voiced an AI which a human fell in love with.

“Last September, I received an offer from Sam Altman, who wanted to hire me to voice the current ChatGPT 4.0 system,” the 39-year-old Oscar nominee said.

“He told me that he felt that by my voicing the system, I could bridge the gap between tech companies and creatives and help consumers to feel comfortable with the seismic shift concerning humans and AI. He said he felt that my voice would be comforting to people.”

She went on to say that eventually for personal reasons she declined his offer then, nine months later, her attention was drawn to how much the “Sky” voice sounded like her.

“When I heard the released demo, I was shocked, angered and in disbelief that Mr Altman would pursue a voice that sounded so eerily similar to mine that my closest friends and news outlets could not tell the difference,” Johansson said.

“Mr Altman even insinuated that the similarity was intentional, tweeting a single word “her” – a reference to the film in which I voiced a chat system, Samantha, who forms an intimate relationship with a human.

“Two days before the ChatGPT 4.0 demo was released, Mr Altman contacted my agent, asking me to reconsider. Before we could connect, the system was out there.

“As a result of their actions, I was forced to hire legal counsel, who wrote two letters to Mr Altman and OpenAI, setting out what they had done and asking them to detail the exact process by which they created the ‘Sky’ voice. Consequently, OpenAI reluctantly agreed to take down the ‘Sky’ voice.”

“In a time when we are all grappling with deepfakes and the protection of our own likeness, our own work, our own identities, I believe these are questions that deserve absolute clarity. I look forward to resolution in the form of transparency and the passage of appropriate legislation to help ensure that individual rights are protected.”

On Monday OpenAI released a statement saying it would “pause” the use of a ChatGPT voice after users noticed it sounded like the actress.

OpenAI said: “We’ve heard questions about how we chose the voices in ChatGPT, especially Sky.

“We are working to pause the use of Sky while we address them.”

The artificial intelligence (AI) company offers five voices that can speak generated answers through its ChatGPT service.

Scarlett Johansson’s statement in full

Last September, I received an offer from Sam Altman, who wanted to hire me to voice the current ChatGPT 4.0 system.

He told me that he felt that by my voicing the system, I could bridge the gap between tech companies and creatives and help consumers to feel comfortable with the seismic shift concerning humans and AI.

He said he felt that my voice would be comforting to people.

After much consideration and for personal reasons, I declined the offer.

Nine months later, my friends, family and the general public all noted how much the newest system named “Sky” sounded like me.

When I heard the released demo, I was shocked, angered and in disbelief that Mr Altman would pursue a voice that sounded so eerily similar to mine that my closest friends and news outlets could not tell the difference.

Mr Altman even insinuated that the similarity was intentional, tweeting a single word “her” – a reference to the film in which I voiced a chat system, Samantha, who forms an intimate relationship with a human.

Two days before the ChatGPT 4.0 demo was released, Mr Altman contacted my agent, asking me to reconsider. Before we could connect, the system was out there.

As a result of their actions, I was forced to hire legal counsel, who wrote two letters to Mr Altman and OpenAI, setting out what they had done and asking them to detail the exact process by which they created the “Sky” voice. Consequently, OpenAI reluctantly agreed to take down the “Sky” voice.

In a time when we are all grappling with deepfakes and the protection of our own likeness, our own work, our own identities, I believe these are questions that deserve absolute clarity.

I look forward to resolution in the form of transparency and the passage of appropriate legislation to help ensure that individual rights are protected.

OpenAI earlier denied it intentionally copied Johansson and said it believed “AI voices should not deliberately mimic a celebrity’s distinctive voice”.

The New York Times sued OpenAI at the end of last year over allegations it, and its biggest investor Microsoft, unlawfully used the newspaper’s articles to train and create ChatGPT.

The suit alleges that the AI text model now competes with the newspaper as a source of reliable information and threatens the ability of the organisation to provide such a service.

UK

Woman killed in dog attack in east London – as police seize two XL bullys

Published

2 hours ago

May 21, 2024

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Woman killed in dog attack in east London - as police seize two XL bullys

A woman has died after a dog attack in a house in east London – with police seizing two XL bullys from the property.

The Metropolitan Police said the victim was a woman in her 50s and the attack happened in Hornchurch on Monday afternoon.

“Police were called to Cornwall Close at around 1.12pm… to reports of a woman attacked by a dog,” a force spokesperson said.

“The woman was treated by medics from London Ambulance Service, but sadly she was pronounced dead at the scene.

“Due to the threat posed, armed officers attended. After assessing the situation, officers were able to safely seize two dogs.

“These were registered XL bully dogs and prior to officers’ arrival had been contained inside a room in the house. They did not leave the house at any time during the incident.

“The family of the woman, who was the owner of the dogs, are being supported by officers.”

London Ambulance Service sent crews, an incident response officer and a helicopter to the house.

From 1 February, it became a criminal offence to own the XL bully breed in England and Wales without an exemption certificate.

Anyone who owns one of the dogs must have had the animal neutered, have it microchipped and keep it muzzled and on a lead in public, among other restrictions.

The government move to ban XL bullys followed a series of attacks on people.