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Following the patent dispute over the blood oxygen sensor on the Apple Watch Series 9 and Apple Watch Ultra 2, the International Trade Commission (ITC) sided with medical technology company Masimo, and ordered to halt all sales of said wearables in the US — conveniently just in time for the holidays. Apple has since filed a motion to pause this ban until its appeal is done, but earlier today, the ITC denied this request, meaning the Apple Watch ban is going ahead, unless the President decides to veto.

"A Presidential Review Period is in progress regarding an order from the US International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature," Apple told Engadget in an earlier statement. "While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand."

The Apple Watch models affected will stop being sold on Apple.com on December 21 i.e. tomorrow, then on December 24 at Apple's retail stores, and then until stocks run out for third-party retailers like Amazon and Best Buy — which could be pretty fast given the import ban on December 26. Other models like the Apple Watch SE that don't contain a blood oxygen sensor will continue to be sold.

Masimo filed its lawsuit against Apple in 2021 over alleged violations of patents related to light-based blood-oxygen monitoring. The case originally targeted the Apple Watch Series 6, but despite the sales ban, you can continue to use the blood oxygen feature on that and other previously purchased Apple Watch models. In retaliation, Apple filed two patent infringement suits against Masimo in October 2022, claiming that the latter's own smartwatch copied Apple Watch features.

A “Compliance Car” is a vehicle designed not to be sold in large quantities but to satisfy rules around range-wide consumption. For instance, makers of enormous, gas-belching trucks may have to offer a thrifty, gas-sipping ride to balance out the emissions numbers. One infamous example is Aston Martin’s Cygnet, a rebadged Toyota iQ with a luxury interior that sold for three times the iQ’s price. Now, imagine a company chose to make one of those vehicles intentionally. That’s the best way to describe Lexus’ new LBX, a small but luxurious, Europe-exclusive city car that you’ll love sitting in while waiting in traffic.

The LBX is a subcompact car based on the same underlying platform (GA-B) as Toyota’s Yaris Cross, its tiny crossover SUV. The Yaris Cross is a city runaround pretending to be an SUV, complete with flared wheel arches, high ride height and optional All Wheel Drive. Lexus is keen to point out that this isn’t a rebadge, and that the luxury automaker has refined every facet of its design. The wheelbase is longer and wider, the powertrain smaller and faster, with luxury kit everywhere you look. You can call this many things, but it’s not a lazy cash-grab, especially given how much of the early chatter around this car talked about it diluting Lexus’ brand.

Photo by Daniel Cooper / Engadget

Inside, you’ll find a 1.5 liter, three-cylinder VVT-iE engine with a bi-polar Nickel Metal Hydride (NiMH) battery. That composition offers higher power density and faster response with a smaller footprint than Toyota’s own-brand hybrids, with a lighter weight which is key in such a small car. The combined total output is a restrained 136 DIN hp, which is fitting for a car designed to sit in traffic. But Lexus piqued my interest in this car by claiming that its new hybrid system offered “powerful acceleration like that of a battery electric vehicle.” Given the stately manner in which most small hybrids move, I was curious to put that claim to the test.

If you’re only accelerating to get off the line when the lights change, then you’ll find plenty to like here. It’s too much of a stretch to compare it to an EV but if you’re looking for a performant city car, it’s no slouch. It thrives in the cities, where its small-ish size, speed and driveability let you dart around corners and dive into tight spaces. But this power doesn’t run too far beyond the lights, and putting your foot down on the highway exposes this engine. No amount of sound dampening tech — and there’s a lot of it in this car — can mask the LBX’s anguished screams when you try to accelerate or put the power down going up hills.

Photo by Daniel Cooper / Engadget

Up front, it’s roomy with a comfortable driving position, while the rear bench seat is higher to offer the passengers a better view. I’m 5’ 11” and had enough headroom, but I doubt anyone taller than me would fancy riding in here for long. There’s not a huge amount of rear legroom either, so you wouldn’t want to do a long trip in one of these.

The Lexus LBX is a lot of car, too much for the role in your life that it’s intended to play, with a lot of frou-frou. Given this is a car designed for short journeys, I’m not sure it needs to have as much technology on board as it actually does. The model I tested had a digital instrument binnacle, a big central console and a heads-up display. Plus, flappy paddles so you can control your braking level and three USB-C ports in the central console. Oh, and a suite of safety tools that were so sensitive it’d erupt in a chorus of pings and bongs if I so much as glanced at the accelerator before the way in front of me was clear.

Photo by Daniel Cooper / Engadget

Lexus says the LBX is targeted at “younger, city-smart Europeans” rather than the company’s traditional, older base. The marketing is full of youths in red vinyl overcoats and Vitaly jewelry but I’m not sure that’s the demographic who’ll be interested. I’m not sure too many young, city smart Europeans could afford a car like this, or even know how to drive in the first place. Some of the recent stats have been skewed by COVID but the general trend of young people learning to drive has pointed down for a while. The company’s representatives did mention they thought another potential demographic would be empty nesters looking to downsize.

And then there’s the price, with the base model costing £29,995 (around $37,700) on the road in the UK while the fully-specced model is £40,545 (around $50,870). Nobody needs to be told if that’s a lot or not, especially given the various ways people buy new cars these days. But Lexus, knowing that it’s not going to undercut similarly high-spec city cars in the space, say that while the up-front price is higher, it’ll save drivers plenty with its fuel economy. I’m not sure how many people buy a luxury car because they’re keeping their eye on the dollars and cents.

Photo by Daniel Cooper / Engadget

Fundamentally, as much as I like the LBX, I’m unable to square its inherent contradictions as they pile up on top of one another. There are very few faults that I can pick at which are tied to just this vehicle, rather than the quirks inherent in the company’s range. But I just can’t see a world in which people would line up to buy a car that’s this over-equipped and over-specced given the environment in which it thrives.

The next generation of Apple’s CarPlay interface has been previewed in luxury cars made by Porsche and Aston Martin. The interface, which was first announced more than a year ago at Apple’s WWDC in 2022, is expected to be released next year in select models from the luxury automakers. It builds on previous versions of CarPlay, but will notably connect with all displays in a vehicle instead of just the central infotainment screen, according to Car and Driver.

With each manufacturer partnership, there will be some matching and customization options throughout the screens. For example, the background wallpapers and knobs can mimic a car brand’s style or look. Users will be able to personalize the widgets and apps that appear on the screen, mirroring the form and functions on Apple devices. The CarPlay display will show other key elements like the speed of the car, fuel and temperature on the instrument cluster.

While Porsche and Aston Martin are the first luxury carmakers to tease their collaborations with Apple for branded CarPlay systems, there are no timing specifics regarding the launch of the tool in any specific Porsche models. Aston Martin did share that it will debut CarPlay displays on the DB12 coupe and DB12 convertible in 2024 when they go on sale. Considering Porsche is owned by VW Group, we might see a trickle-down of the latest CarPlay features into VW and Audi models down the road.

Amazon will no longer sell donkey-skin gelatin to California residents. A report published Wednesday by Wired states the online retailer settled with a nonprofit that filed a complaint, alleging the products violated state animal welfare laws protecting horses. Amazon denied any wrongdoing and disputed the allegations. Still, it agreed to block sales of ejiao, a traditional Chinese medicine made from donkey hide, in the Golden State.

The Center for Contemporary Equine Studies, an organization devoted to protecting horses, filed the complaint in February. It accused Amazon of violating California’s Prohibition of Horse Slaughter and Sale of Horsemeat for Human Consumption Act. The nonprofit argued donkey products should be classified as horsemeat based on the law’s language.

Ejiao is a gelatin made from soaked and stewed donkey hides. Devotees believe it treats conditions related to blood circulation, insomnia and dry cough. However, apart from one published study — funded by an ejiao maker — suggesting it can be used successfully to treat anemia, scientific research doesn’t appear to support these claims.

Animal Welfare Institute

According to the Animal Welfare Institute, ejiao’s popularity is annihilating donkey populations. “Donkeys are being stolen, transported long distances without food or water, and killed under inhumane and unsanitary conditions” to fulfill ejiao’s demand, the organization wrote. Meanwhile, a report by the Donkey Sanctuary, an advocacy group, claims workers in Tanzania battered the animals with hammers to meet quotas.

The plaintiff’s attorney believes Amazon’s settlement sets a precedent for other retailers to cease ejiao sales in California. “Amazon doesn’t settle cases it thinks it can win,” Corey Page, an attorney with the firm that represented The Center for Contemporary Equine Studies, told Wired. “This is a signal that if anyone is doing this, they are doing something illegal. If a company like Amazon decides it needs to stop sending products and promoting products that violate California law, then all other retailers should do the same.”

Amazon’s settlement language reportedly agrees to “undertake reasonable best efforts” to enact “internal measures” blocking ejiao products “so that such products will not be available for sale to California addresses.”

Amazon

When I attempted to use an old (but still active, according to USPS) Los Angeles address of mine to buy an ejiao product called “Ass Hide Glue Lumps” (highlighted in a previous Wired report from earlier this year that drew attention to the issue), it thwarted the attempt. “Sorry, this item can’t be shipped to your selected address,” the error message read in red type. “You may either change the shipping address or delete the item from your order.”

If you’re surprised Amazon sold donkey meat in the first place (and still does outside California), consider some other “exotic” meats the retailer offers. These include whole-skinned alligator (only $195!), foie gras (duck or goose liver), kangaroo jerky and boneless snapping turtle meat.

We knew it was coming, but now we have a date: Bobby Kotick will officially step down as CEO of Activision Blizzard on December 29, 2023. Blizzard and King vice chairman Humam Sakhnini will also leave at the end of December, Activision Blizzard chief communications officer Lulu Meservey is out in January, and a handful of other executives will leave in March, according to an internal memo from Xbox head Phil Spencer published by The Verge.

Activision Blizzard vice chairman Thomas Tippl, Blizzard president Mike Ybarra and King president Tjodolf Sommestad will remain at the studio and report to Matt Booty, Microsoft's president of gaming content and studios. Otherwise, leadership teams across Activision, Blizzard and King will stay the same, according to the memo.

Kotick has been the head of Activision since 1991. At Activision Blizzard, he oversaw massively popular franchises including Call of Duty, Diablo, Starcraft and World of Warcraft, and once the company acquired mobile studio King in 2016, he added Candy Crush to that list. The company is a AAA powerhouse and it generated $7.5 billion in revenue in 2022.

Activision Blizzard was sued by California's Civil Rights Department in 2021 over allegations of systemic sexism, discrimination and harassment at the studio, and executives were accused of fostering a frat-house style culture. At the time, all top leadership roles at Activision Blizzard were filled by white men. The Securities and Exchange Commission filed a separate, related lawsuit against the studio a few months later. In November 2021, The Wall Street Journal reported Kotick had long ignored and helped cover up instances of sexual harassment at the studio. In response, workers at Activision Blizzard held walk-outs and demanded Kotick's resignation, but a shareholder vote in 2022 kept him in place.

Activision Blizzard settled the SEC lawsuit for $35 million in February, and it settled the California CRD suit for $54 million just days ago.

Microsoft announced its intent to purchase Activision Blizzard in early 2022, lawsuits and all. The deal was valued at $69 billion, and considering the scale of both companies involved, it faced intense scrutiny from regulators in the US and the UK. The acquisition was approved in October, after 21 months of legal arguments and concessions. Microsoft is now the third-largest video game studio in the world by revenue and it's the face of the ongoing consolidation craze tearing through the industry.

Once Microsoft's purchase went through, Kotick said he'd stay on through the end of 2023. According to Bloomberg, Kotick is set to make $375 million from the acquisition, and he's expecting a golden parachute of $14.6 million.

Reuters published an explosive investigative report Wednesday chronicling Tesla's alleged patterns of deliberate neglect and shifting blame onto customers for parts failures. The damning exposé accounts the Elon Musk-led company’s alleged long-running tendency to claim vehicle owners had engaged in “driver abuse,” charging them for repairs over failures caused by parts the company discussed internally as being flawed. The issues are often related to suspension and steering. Externally, Tesla’s portrayal of the problems has ranged from flat-out denial to partial acknowledgment.

Several accounts in the story document Tesla owners who were told their car's issues stemmed from prior damage or driver abuse. In some cases, they had just bought the vehicles:

One of the drivers Reuters interviewed, Shreyansh Jain, suffered a suspension collapse in a 2023 Tesla Model Y he had owned for less than 24 hours. When the automaker told him a lower control arm separating from the steering knuckle caused the failure, he expected Tesla to cover the repairs. A service rep who inspected the car said they found “no evidence of any external damage,” as revealed in a text message. 

About a week later, Tesla sent a letter to Jain, skirting blame and citing “a prior external influenced damage to the front-right suspension” as the cause.

Jain said he was the only person to have driven the car on its first day of ownership, and he hadn’t had an accident before the suspension failed. “I was like, ‘Bloody hell, how can metal just snap like that when I know for sure the car has not hit anything?’” he said to Reuters. Three months later, the repairs were complete, and Jain paid a $1,250 deductible (with his insurance covering the rest). He says his rates then spiked dramatically on another car he owned.

Tesla

Cincinnati surgeon Trace Curry paid $110,000 for a 2016 Tesla Model X. He replaced the SUV’s control arms twice, once covered by warranty and a second time at his expense. After the warranty ran out, Reuters reviewed invoices showing Curry paid around $10,000 for failed suspension and drive-axle parts. Then, in 2018, he replaced the front half shafts (under warranty); he replaced them again (at his own cost) for $1,500.

Reuters’ investigation suggests Tesla knew that many of the parts that required replacing in Curry's Model X — control arms, suspension and front half shafts — had high failure rates.

Andrew Lundeen was driving his wife’s 2018 Model 3 in August when the car’s power steering failed while driving over a speed bump. The Santa Rosa, California, resident told Reuters a Tesla service manager told him a power steering connector had corroded — and attributed it to a car wash, which the employee cited as a known problem.

Lundeed paid $4,400 out of pocket to replace the steering rack and a wiring harness, allegedly thanks to his bold decision to visit a car wash. “This is the only car I’ve ever heard of where a car wash can damage the wiring,” he told the Tesla manager. Lundeed described the employee as saying, “All I can tell you is we’re not a 100-year-old company like GM and Ford. We haven’t worked all the bugs out yet.”

Photo by Roberto Baldwin / Engadget

The investigation also documents Tesla’s can-kicking and inconsistent responses to part recalls in different regions. For example, the company’s engineers identified the aft link, part of the suspension, as having snapped in several incidents while owners drove at low speeds (similar to Jain’s account). A former Tesla employee “with direct knowledge of the matter” told Reuters that between 2016 and 2020, Tesla “resolved” around 400 aft link complaints in China — either through in-warranty repairs or through “goodwill repairs” if they were out-of-warranty.

The Musk-led automaker delayed a recall for four years, only agreeing to one after Chinese regulators applied pressure. The country’s State Administration for Market Regulation described a “risk of accidents” as part of the rationalization.

However, despite global reports of failures, Tesla never recalled the part in the US and Europe. The company told US regulators the problems resulted from “driver abuse.” Reuters also viewed a 2019 “talking points” memo urging service centers to blame “vehicle misuse,” like “hitting a curb or other excessive strong impact,” as the culprit. “Abuse” and “misuse” are conditions in the Musk-led company’s contract, giving the automaker leeway to reject in-warranty repairs for incidents it labels as such.

The National Highway Traffic Safety Administration (NHTSA) has been investigating Tesla since 2020 for the fore link (a suspension part) in Model S and X, and it began looking into power steering failures in the 2023 Model 3 and Model Y in July. Reuters’ nearly 5,000-word report is worth a read, especially if you’re a Tesla owner who has paid for repairs out of pocket. The NHTSA will likely find it an equally compelling read.

Samsung has added a new medication tracking feature to its Health app and it's expected to launch in the US when the app updates later this week. Using the new feature, you can set up alerts to remind yourself when to take medications and get reminders for when to request refills from your doctor.

When you enter a new medication into the app, you can log the shape and color of the pill, information about your prescribed dosage and the time you are scheduled to take the medication. The tool, which competes with the likes of GoodRx and Apple’s Medication app, will give you an overview of a drug’s use and possible side effects, including warnings about potential contraindications. Samsung says the information found within the app is backed by evidence-based content licensed from Elsevier, a publishing company that specializes in medical content.

To start using the new medication tracking tool when it launches, you need a smartphone with at least Android 8.0 and your Samsung Health app version needs to be updated to version 6.26 or later. The feature’s availability also might vary by device.

Vizio has released a software update for its Home platform across all current models in its lineup, which makes the new interface respond faster than before. The company says TV sets that receive the update will power up twice as fast, while apps will now load instantly. This improvement in speed also leads to quicker switching between apps so that moving from one streaming service to another doesn’t affect people’s viewing experience.

In addition, the latest version of the OS is meant to surface recommendations and return search results in both voice and text formats much faster than its predecessor. The hope is that users would benefit from the upgrade by spending less time looking for content and more time actually watching them. The updated Home platform also comes with a new left-side navigation menu, as well as hierarchy sorting, to make it easier to browse for new shows and movies.

When Vizio rolled out its redesigned Home interface in June, it already had features created to make it easier and faster for viewers to find new things to watch. They included new navigation tools, recommendations and a reworked onscreen keyboard. According to a Vizio representative, the new update will roll out in the coming weeks and will include "all 2021 and newer model year VIZIO Smart TVs and select TVs from the 2020 model year.”

Welcome back to our weekly gaming news roundup. As the year comes to a close, we’re looking back on 12 months of massive change for the video game industry, driven by acquisitions, layoffs and unionization. You can read my story on consolidation for more on gaming's tough year.

This week’s stories

No Game Pass for Baldur's Gate 3

Baldur’s Gate 3 is officially the Game of the Year and after months as a PlayStation console exclusive, it’s finally available on Xbox. However, if you’re waiting for it to become available on Game Pass, stop. Baldur’s Gate 3 is never coming to Xbox or PC Game Pass, according to Larian Studios founder Swen Vincke. It’s a fantastic, big and lengthy game sold at a standard price of $70 — take it or leave it.

The Last of Us Online is dead

Naughty Dog has canceled The Last of Us Online, its multiplayer spinoff that’s been in the works for years. This isn’t too surprising, considering the lack of updates about the game, but it is now official. Naughty Dog said it didn’t have the resources to support a live-service game and also create new single-player narrative experiences, which are historically its thing. The studio has more than one of these games in development right now.

2023 was a pivotal year in games

2023 was a year of upheaval in video games. There were three main factors molding the industry: consolidation, layoffs and unionization.

In terms of consolidation, the biggest story of the year was the approval of Microsoft’s purchase of Activision Blizzard King for $69 billion. Microsoft is now the third-largest video game business in the world by revenue, right behind Sony and Tencent. Today, the Xbox umbrella covers nearly 40 studios, including Arkane, Bethesda, id Software, Infinity Ward, Mojang, Ninja Theory, Playground Games, 343 industries, and Turn 10.

Sony is more subtle than Microsoft about its attempts at total domination, but it owns 21 development teams, including Bungie, Guerrilla Games, Haven Studios, Insomniac, Naughty Dog and Sucker Punch Productions. It’s made a lot of purchases in the past three years, and invested heavily in studios like Epic Games and FromSoftware.

And then there’s Tencent, which has thousands of tentacles spread across the industry. Tencent owns a portion of Bloober Team, Paradox Interactive, PlatinumGames, Remedy, Roblox and Ubisoft, among others. It has a majority stake in Supercell, Tequila Works, Techland and others. It fully owns Riot Games, Funcom and, of course, others. It also runs multiple internal development companies and publishing labels.

Tencent also owns a 40 percent stake in Epic Games. This alone means any time you buy a game built on Unreal Engine, Tencent is getting a cut. If you played something this year, Tencent was probably involved.

There are clear short-term benefits of being bought by a larger company, but there are downsides to relinquishing independence. Acquired studios are held accountable by people outside of the actual development of a game, and the bigger the company, the further away its bosses are from the creative process.

The most extreme negative outcomes for an acquired indie studio are, of course, layoffs and closures. We saw a lot of these in 2023.

An estimated 9,000 people lost their jobs in the video game industry this year, up from about 1,000 in 2022. This is a crisis level of loss, and it was spurred by over-eager acquisition sprees by the companies at the top. Embracer Group, which owns more than 100 video game studios, laid off more than 900 people and it completely shut down multiple studios.

Unity laid off about 900 people this year. In November, the company reported a yearly revenue increase of 69 percent and executives told investors, “We continued to manage costs well.”

Epic Games fired about 830 people in 2023, including a chunk of the team at Fall Guys studio Mediatonic, which it purchased in 2021. EA dropped more than 1,000 employees this year, including significant cuts at Codemasters, a studio it purchased in 2021. CD Projekt RED, Sega, Ubisoft, and Microsoft’s 343 Industries also laid off at least 100 people each.

Looking back on the carnage this year, it feels like a warning — as consolidation efforts increase, more studios will be controlled by just a handful of companies, and they’ll be vulnerable to moves like mass layoffs and closures. We’re laying the foundation for the future of video games right now, and consolidation only makes the industry smaller and more generic. What will rampant consolidation mean for all of these acquired studios in five years’ time? What will it mean when these teams aren’t shiny, new investments any longer, and the people at the top are ready to get lean again?

Unionization is one approach that can help protect the livelihoods of people in the video game industry, and there was progress on this front in 2023. Developers at multiple studios now have union support, from small indies to AAA powerhouses. Microsoft is currently the home of the industry’s largest union, with representation for more than 300 quality assurance workers at ZeniMax Media.

Other companies with unions established in the past two years include Avalanche Studios, Anemone Hug, CD Projekt RED, Experis Game Solutions, Keywords Studios, Sega of America, Tender Claws and Workinman Interactive. We love to see it — and for the industry to remain stable, we need to see more of it.

Now playing

I’ve been unable to get The Talos Principle II out of my head since I previewed it and interviewed the developers a few months ago, and I’m finally, happily playing the game in its totality. I’m playing on a Steam Deck OLED, and I'm having a great time solving laser puzzles and talking about the meaning of life with a bunch of robots. I highly recommend you try the same.

Researchers have developed an AI-powered robot they claim can beat the physical marble game Labyrinth faster than humans are capable of. Thomas Bi and Raffaello D’Andrea of ETH Zurich created CyberRunner, which combines model-based reinforcement with the dexterity required to beat a game that requires physical skill, coordination and precision.

For the uninitiated, the aim of the game is to guide a marble through a maze without falling into any holes. The player controls the movement of the ball by rotating two dials, which tilt the board.

CyberRunner learns through experience. A camera observes the game and an algorithm learns more about it from each attempt. "Based on its understanding of the game it recognizes which strategies and behaviors are more promising," the researchers say. As such, the robot kept getting better at the game.

The researchers gave CyberRunner and several humans around six hours of practice with the game. While the humans by and large struggled to beat Labyrinth after that time, CyberRunner was able to conquer it in just under 14.5 seconds. The researchers claim that's faster than any previously recorded time.

CyberRunner became so adept at the game that it was able to use some unintended shortcuts. The researchers had to step in and instruct the AI to follow the maze's correct path.

We've seen AI models outperform humans in other games, such as chess, Go and Dota 2. However, we haven't seen too many instances of AI performing better than humans in games that require a physical skill component.

Meanwhile, the researchers are open-sourcing CyberRunner. Maybe I can help train it to be better at Screwball Scramble than I ever was as a kid.