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Masimo CEO thinks Apple can’t code its way out of the Watch ban.

Joe Kiani, whose company’s patent claims may halt sales of Apple’s newest smartwatches, explained his skepticism to Bloomberg.

“I don’t think that could work — it shouldn’t — because our patents are not about the software,” he said. “They are about the hardware with the software.”

Former US Patent Office director Andrei Iancu told The Verge Apple has a chance, albeit a slim one, depending on the patents’ wording.