Perhaps, but last year I studied the patents a bit and thought that Apple could work around them by doing exactly what they recently did (offload the processing from the watch). The way the patent claims are written seem to require on-board processing to determine SpO2. So I think if Apple got the all-clear from CBP then they are probably good on this workaround. Masimo seems upset with the government that they were not consulted first, but that is a different legal issue than patent infringement.
get over it appleOMG...get over it already Missymo.
you are ABSOLUTELY wrong. Masimo had patents on the technology of the pulse ox and blood oxygen readings well before apple.. so they aren't the "player" and they lost the "game"
Pulse Ox is used to make medical decisions. You may not think that a reading that drifts from say 92-95% is that interesting, but that can influence the course of action a doctor takes can can definiately influence patent outcomes.
It depends. If (and it's a bif if) Apple are still infringing, then Massimo can be awarded damages even after the expiry of their patent to cover the damages incurred whilst it was active
It comes down to effort and likely outcomes. If Masimo sued one of the no-one Chinese brands, selling $10 units, the liklihood is the company would declare bankrupcy and Masimo would get no damages. Apple on the other hand, is a large entity that isn't going anywhere, selling infringing devices costing multing hundred dollars, so it is more likely that a successful lawsuit would lead to substantial damages paid to Masimo.
If you or a friend or relative have had a hospital stay, the odds are a Masimo product has been used.
Those cheap finger units aren't medically grade. There are strict certifications that medical devices have to go through, so even if the cheap units work in the same way and use the same components, if the variation/tolerances of the device haven't been certified they can't be used in medical settings.
Wasn't there a story here though that they used this lawsuit to look at apple patents and stole some of that work also?
Yet again mossino does not have a watch which is what the patent covers. Can’t have an all encapsulating patent that is overly broad
The claims cover a combination of hardware and functionality that could be implemented in software. By removing the functionality, Apple was able to continue selling the hardware (that was effectively disabled) without infringing the patents.
I think this is the solution. It’s a publicity traded company.
You forget that Masimo actually did invent this technology and sells it worldwide. They are a medical device company and one of the largest ones in their field.
Medical grade pulse oximetry is almost universally used in hospitals to monitor oxygenation, especially during procedures and in critical care settings, with actionable results. Consumer fingertip pulse oximeters are somewhat less accurate, but can provide meaningful warning of diminished oxygenation. Devices such as an Apple Watch are not intended for continuous monitoring, but also are useful in susceptible individuals.
Masimo has a market capitalization of almost 8 billion. Legal fees and potential lost revenue from Apple Watches are nowhere nearly that high.
