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by sokoloff 1274 days ago
1. OK

2-6. Thank you for the history of vaguely functionally competitive devices from sellers other than the defendant, but what the hell does that have to do with Apple's watch?

7-8. Also seems unrelated to Apple or Apple Watches, but rather to non-Apple fingertip devices.

9. Perhaps an alternative conclusion is "Healthcare workers probably shouldn't be [and almost certainly aren't] triaging patients of any skin color with a consumer watch."? Since they're not using Apple devices for this purpose, to any extent that they're drawing inaccurate conclusions for care based on devices which use the same underlying theory but aren't actually made by Apple, that is not Apple's responsibility.

10. It's a good thing then that healthcare workers aren't using these Apple devices to triage, direct, or prioritize care. To the extent that non-Apple healthcare workers are using non-Apple devices to improperly direct this care, that is certainly a concern, but is not Apple's concern.

11-14. Thank you for getting back to something relevant to your suit; not sure why you wasted the court's time with items 2-10.