JPack
macrumors G5
The former CEO made public statements to the effect of "the only way Masimo would agree to a license is if Masimo was involved in developing SPO2 tech with Apple." He was suggesting that Apple wasn't doing SP02 sensing well enough for Masimo to put their stamp of approval on it. He was also upset about Apple "poaching" engineers.
Can you share some quotes to that effect? Every other tech company doing SpO2 has successfully negotiated with Masimo. No other company has joined Apple in its fight. Either Apple is wrong or Masimo. Which do you think is more likely?
Now he's gone, but the litigation has been trending in Apple's direction. Many of Masimo's patents have been invalidated or rendered not infringed. Apple is making a business decision not to settle. It's just blood oxygen sensing, not a core feature of the Apple Watch, and only restricted in the U.S. I suppose they can live without it until they come up with something else or get the appeals court to drop the import ban, or just wait for the patents to expire in 2028.
No, it really hasn't. That's why you see this last ditch effort by Apple against this final ITC ruling. It's not even a technical argument against a Masimo patent, Apple is basically saying ITC violated an administrative procedure in determining whether a "domestic industry" exists. The law says ITC has the right to make that determination.