Apple Watch Patent Infringement Confirmed, As Masimo Seeks Import Ban

An anonymous reader quotes a report from 9to5Mac: Apple has suffered a setback in its long-running Apple Watch patent infringement battle with medical technology company Masimo. A court has ruled that Apple has indeed infringed one of Masimo’s patents in the Apple Watch Series 6 and up. Masimi is seeking a US import on all current Apple Watches. If granted, this would effectively end Apple Watch sales in the US, as the company would not be allowed to bring in the devices from China.

The battle between the two companies has a long history. Back in 2013, Apple reportedly contacted Masimo to discuss a potential collaboration between the two companies. Instead, claims Masimo, Apple used the meetings to identify staff it wanted to poach. Masimo later called the meetings a “targeted effort to obtain information and expertise.” Apple did indeed hire a number of Masimo staff, including the company’s chief medical officer, ahead of the launch of the Apple Watch. Masimo CEO Joe Kiano later expressed concern that Apple may have been trying to steal the company’s blood oxygen sensor technology. The company describes itself as “the inventors of modern pulse oximeters,” and its tech is used in many hospitals.

In 2020, the company sued Apple for stealing trade secrets and infringing 10 Masimo patents. The lawsuit asked for an injunction on the sale of the Apple Watch. Apple has consistently denied the claims, and recently hit back with a counterclaim of its own, alleging that Masimo’s own W1 Advanced Health Tracking Watch infringes multiple Apple patents. Reuters reports that a US court has ruled against Apple on one of the patent claims.

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Many People Aren’t Sticking Around Mastodon

The number of active users on the Mastodon social network has dropped more than 30% since the peak and is continuing a slow decline, according to the latest data posted on its website. There were about 1.8 million active users in the first week of January, down from over 2.5 million in early December. The Guardian reports: Mastodon, an open-source network of largely independently hosted servers, has often been touted as an alternative to Twitter. And its growth appears connected to controversies at Twitter. But for many it doesn’t fulfill the role that Twitter did and experts say it may be too complicated to really replace it. […]

There were about 500,000 active Mastodon users before Elon Musk took control of Twitter at the end of October. By mid-November, that number climbed to almost 2 million active users. […] The surge in new Mastodon users continued throughout November, peaking at over 130,000 new users a day. The upticks often coincided with controversial decisions made by Elon Musk. Data from Google suggests there was also a surge in searches for Mastodon in April 2022, around the time Musk announced he had become Twitter’s largest shareholder.

“Twitter, in its most basic form is simple,” Meg Coffey, a social media strategist, said. “You can open up an app or open up a website, type some words, and you’re done. I mean, it was [a] basic SMS platform.” For many, Mastodon may have proved too hard to port over their communities and was just too complicated. Some may have gone back to Twitter, while others, said Coffey, may have dropped social media entirely. “Everybody went and signed up [on Mastodon] and realized how hard it was, and then got back on Twitter and were like, ‘Oh, that’s, that’s hard. Maybe we won’t go there,'” she said. “It’s like the people that said ‘I’m moving to Canada’ when Donald Trump was elected,” Coffey added. “They never actually moved to Canada.”

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MSI Intends ‘To Continue With Afterburner’ Overclocking App Despite Not Paying Its Russian Dev

Jacob Ridley writes via PC Gamer: MSI Afterburner is an app used the world over for graphics card monitoring, overclocking, and undervolting. It’s become pretty synonymous with general GPU tinkering, yet the app’s developer has suggested it might not have long left to live in a forum post earlier this month. MSI disagrees, telling us “we fully intend to continue with MSI Afterburner.” MSI Afterburner is developed by Alexey ‘Unwinder’ Nicolaychuk, a Russian national who has kept the overclocking app functioning over many years. Nicolaychuk is also responsible for the development of RivaTuner Statistics Server, which is part of the foundational software layer powering Afterburner. In a post on the Guru3D forums (via TechPowerUp), Nicolaychuk suggests that Afterburner’s development has been “semi-abandoned.” “…MSI afterburner project is probably dead,” Nicolaychuk says.

“War and politics are the reasons. I didn’t mention it in MSI Afterburner development news thread, but the project is semi abandoned by company during quite a long time already. Actually we’re approaching the one year mark since the day when MSI stopped performing their obligations under Afterburner license agreement due to ‘politic [sic] situation’.” Nicolaychuk says development of the app has continued over the past 11 months, but that may also be ending soon. “I tried to continue performing my obligations and worked on the project on my own during the last 11 months, but it resulted in nothing but disappointment; I have a feeling that I’m just beating a dead horse and waste energy on something that is no longer needed by company. “Anyway I’ll try to continue supporting it myself while I have some free time, but will probably need to drop it and switch to something else, allowing me to pay my bills.”

Development of the RivaTuner Statistics Server — software is pivotal to many of the functions of Afterburner — is materially separate from Afterburner and will continue, Nicolaychuk notes. Nicolaychuk suggests the issue comes down to Russia’s invasion of Ukraine, and we’ve since confirmed with MSI that this is the case. MSI has stated to PC Gamer that the payments were halted due to the ongoing war in Ukraine, saying: “payments had been put on hold due to the RU/UA war and the economic regulations that entailed.” […] On this being the end for Afterburner, MSI disagrees. “We fully intend to continue with MSI Afterburner,” MSI tells PC Gamer. “MSI have been working on a solution and expect it to be resolved soon.”

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Successful Strike at University of California Sparks Organizing Surge Among US Academic Workers

An anonymous reader shares this report from the Los Angeles Times:
The University of California strike is over, culminating last month in significant improvements in wages and working conditions after 48,000 teaching assistants, tutors, researchers and postdoctoral scholars walked off their jobs in the nation’s largest labor action of academic workers. But the effects of the historic strike still reverberate across the nation, helping energize an unprecedented surge of union activism among academic workers that could reshape the teaching and research enterprise of American higher education.

In 2022 alone, graduate students representing 30,000 peers at nearly a dozen institutions filed documents with the National Labor Relations Board for a union election. They include USC, Northwestern, Yale, Johns Hopkins, the University of Chicago, Boston University and the Massachusetts Institute of Technology. Caltech plans to officially kick off its organizing campaign this month, and other academic researchers are working to form unions at the University of Alaska, Western Washington University, the National Institutes of Health and such influential think tanks as the Brookings Institution and Urban Institute.

A confluence of several factors has propelled the burst of labor activism: disaffection with rising inflation, unaffordable housing, limited healthcare, growing student debt, university treatment of academic workers during the pandemic, and a more union-friendly Biden administration. But students and labor experts also point to the influence of the UC strike, which drew national attention by marshaling four UAW bargaining units on all 10 campuses and the Lawrence Berkeley National Laboratory to pull off a massive walkout that shut down classes, suspended research, roiled finals and upended grading — ultimately winning some of the largest wage gains ever secured by academic workers.

In the article there’s examples of stipends recently increasing at other universities, either as a result of student strikes or the need “to remain competitive” in attracting top talent.

A Cornell senior lecturer/director of labor education research also cites some interesting statistics from a 2021 Gallup poll: 77% of people between the ages of 18 and 34 support unions — the largest level of support among all age demographics.

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A $402K GoFundMe Scam Leads to a Three-Year Prison Term

CNN reports that 32-year-old Katelyn McClure “has been sentenced to three years in state prison for her role in scamming more than $400,000 from GoFundMe donors, by claiming to be collecting money for a homeless man.”

In 2017, McClure claimed she ran out of gas and was stranded on Interstate 95 in Philadelphia. The homeless man, Johnny Bobbitt Jr., supposedly saw her and gave her his last $20 for gas. McClure and her then-boyfriend, Mark D’Amico, posted about the “good deed” on social media, including a picture of her with Bobbitt on a highway ramp. They also started a GoFundMe campaign to raise money for the homeless veteran, saying they wanted to pay it forward to the good Samaritan and get him off the streets.

The story went viral and made national headlines, with more than 14,000 donors contributing. The scammers netted around $367,000 after fees, according to court documents…. Bobbitt, who received $75,000 from the fundraiser, according to prosecutors, took civil action against D’Amico and McClure and the scam soon became public…. D’Amico and Bobbitt were charged in 2018 alongside McClure for concocting the scheme, prosecutors said. McClure pleaded guilty to one count of theft by deception in the second degree in 2019, according to the Burlington County prosecutor.

Bobbitt pleaded guilty to conspiracy to commit theft by deception in 2019 and was sentenced to a five-year special probation period which includes drug treatment. D’Amico also pleaded guilty and agreed to a five-year term in New Jersey state prison, as well as restitution of GoFundMe and the donors, in 2019.

“The gas part is completely made up, but the guy isn’t,” McClure texted a friend (according to CNN). “I had to make something up to make people feel bad.” So what happened to “the guy” from the highway ramp? Prosecutors note that if Bobbitt “fails to adhere to the tightly-structured regimen of treatment and recovery services, which includes frequent testing for drug use, he could be sentenced to five years in state prison.”

And they add that the judge “also ruled that McClure, a former state Department of Transportation worker, is permanently barred from ever holding another position as a public employee.”

Their statement points out that the 2017 campaign was at the time the largest fraud ever perpetrated through GoFundMe — which voluntarily reimbursed the 14,000-plus donors.

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