Apple Watch Infringed Masimo's Pulse Oximetry Patent, US Judge Rules

[MacRumors]

Apple infringed on one of medical technology company Masimo's pulse oximeter patents when it launched Apple Watch models that use light sensors to measure the amount of oxygen in the blood, an International Trade Commission (ITC) judge ruled on Tuesday.

Masimo, which designs pulse oximetry devices, has been embroiled in an ongoing battle with Apple over several health capabilities found in some Apple Watch models, and Masimo has been pushing to have the models banned in the United States.

Medical grade pulse oximetry devices are what Masimo specializes in, and pulse oximetry is a feature that Apple added to the Apple Watch with the Series 6 model. The feature found in the Series 6 and later Apple Watch models uses light to detect the amount of oxygen in the blood, with the feature joining heart rate monitoring and ECG capabilities.

In June 2021, Masimo filed a patent infringement lawsuit with the ITC asking it to halt imports of the Apple Watch Series 6 because of patent infringements related to blood oxygen monitoring.

In Tuesday's ruling, the judge concluded that four other patents at issue were not infringed. The ITC will now consider whether to implement an import ban on Apple Watch models that include the blood oxygen monitoring feature, according to the medical device maker. The final determination is expected to be completed by May 10.

"We are happy that the judge recognized Apple's infringement of Masimo's pulse oximetry technology and took this critical first step toward accountability," said Masimo CEO Joe Kiani in a statement given to MD+DI. "Today's decision should help restore fairness in the market. Apple has similarly infringed on other companies' technologies, and we believe today's ruling exposes Apple as a company that takes other companies' innovations and repackages them."

"We respectfully disagree with today's decision, and look forward to a full review by the Commission," Apple said in a statement reported by Reuters.

Masimo initially sued Apple in January 2020, accusing the company of stealing trade secrets and improperly using Masimo inventions. In the prior filing, Masimo claimed that Apple sneakily poached Masimo employees and used patented Masimo technology when developing the sensors used in the Apple Watch.

Article Link: Apple Watch Infringed Masimo's Pulse Oximetry Patent, US Judge Rules

 

[JapanApple]

here we go, lawsuit time. Apple will not be held liable.

 

[alex00100]

Before people rush here accusing them of patent trolling, just think whether apple would do the same if the other company infringed apples patents.

 

[laptech]

Apple has a history of this, hiring/headhunting/poaching employees from rival companies and then low and behold, patents that Apple were not approved to use turn up in their products. Didn't this happen with with Qualcomm and Broadcom back in the day when they poached employees from those companies and didn't an ex-employee of a car company get arrested for stealing company files when poached by Apple for their Apple car project?

 

[Skeptical.me]

If Apple truly infringed on the patent of the technology, they should be held accountable

 

[WiiDSmoker]

Live by the patent, die by the patent.

 

[pdaholic]

Pulse Oximetry Company Masimo Wants the Apple Watch Series 6 Banned

Medical device company Masimo is embroiled in an ongoing legal battle with Apple over several of the health capabilities available in the Apple...

www.macrumors.com

Fun to look back at this thread for all the comments saying Masimo is wasting their time trying to sue Apple.

 

[WiiDSmoker]

Pulse Oximetry Company Masimo Wants the Apple Watch Series 6 Banned

Medical device company Masimo is embroiled in an ongoing legal battle with Apple over several of the health capabilities available in the Apple...

www.macrumors.com

Fun to look back at this thread for all the comments saying Masimo is wasting their time trying to sue Apple.

Making numbers up but truly seems 99% here will blindly defend their Daddy Apple. The mods here don’t seem to do anything about it at all.

 

[kesenwangs]

Making numbers up but truly seems 99% here will blindly defend their Daddy Apple. The mods here don’t seem to do anything about it at all.

Why should mods police general opinions? If a majority wants to think or express themselves in a similar manner that’s their choice. It’s not really a role of mod’s to police conversations that don’t go against any of the sites policies.

 

[james2538]

Does that import ban they’re seeking also include the Series 7, 8 and Ultra since they also have the blood oxygen sensor?

 

[10anta]

Good job Apple is still selling the Series 3

 

[Dark_Omen]

A fine and restitution is more appropriate than an outright ban on imports.

 

[Armada2]

Apple has a history of this, hiring/headhunting/poaching employees from rival companies and then low and behold, patents that Apple were not approved to use turn up in their products. Didn't this happen with with Qualcomm and Broadcom back in the day when they poached employees from those companies and didn't an ex-employee of a car company get arrested for stealing company files when poached by Apple for their Apple car project?

You mean the Apple ex employee was stealing from Apple? > https://www.cnbc.com/2022/08/22/former-apple-employee-xiaolang-zhang-pleads-guilty-.html

 

[Skeptical.me]

Does that import ban they’re seeking also include the Series 7, 8 and Ultra since they also have the blood oxygen sensor?

I guess, if Apple aren't successful on appeal they're in a spot of trouble with the Apple Watch

 

[laptech]

I guess, if Apple aren't successful on appeal they're in a spot of trouble with the Apple Watch

If the court judgement is upheld, in my opinion Apple will just pay Masimo off and get Masimo to drop the case so a ban can be prevented.

 

[andyadler]

In other words, Apple is arguing that Masimo’s claims are patently false. 😉

 

[jopiek]

Masimo is a small company so probably they hope to be taken over. I didn't know that, but according to Wikipedia: "In 2022, Masimo acquired Sound United, which owns premium audio brands such as Bowers & Wilkins, Denon, Marantz, Definitive Technology, Polk Audio, Classé and Boston Acoustics." Makes it even more interesting for Apple.

 

[Mendoza_559]

Apple will just buy the company and their patents 😂😂

 

[ilikewhey]

Does that import ban they’re seeking also include the Series 7, 8 and Ultra since they also have the blood oxygen sensor?

thats the beauty of a lawsuit, you seek the worst and settle for something less

 

[ginkobiloba]

Before people rush here accusing them of patent trolling, just think whether apple would do the same if the other company infringed apples patents.

I don’t know if they’re right or wrong about the infringement, but they certainly don’t fit the definition of patent trolls. They seem to be actively developping and selling medical technology, not just sitting on vague patents without doing anything with them, which is characteristic of real patent trolls.

 

[JulianL]

I find this rather ironic given the in my experience appalling performance of the Apple Watch BloodOx sensor on both my Series 6 and Series 7 watches. I don't have a Series 8 so not sure if there are any improvements there. I can take 2 consecutive readings, both with my wrist still and upright as recommended by Apple, and see a 7 or 8% difference between them. Sometimes I see my BloodOX in the 85 to 90% range as measured by the latest automatic background reading and when I then take a manual reading I typically see it in the 98 to 100% range. Based on the fact that I am a healthy and active person I don't believe any of these 80-something% readings that I sometimes see.

I find this feature little better than a toy and I'm amazed Apple is allowed to market it as any sort of real health statistic given how wildly inaccurate I have found it to be. An improved BloodOx sensor and/or algorithm is something that I look for in the feature list of every new Apple Watch release. Apple did update the heart rate sensor to a version 2 somewhere around Series 5 I think (or was it Series 6?) and made explicit refence to that as a feature at the time so I have some hope, this lawsuit not withstanding, that maybe the same might happen with the BloodOx sensor/algorithms at some point.

 

[jopiek]

I don’t know if they’re right or wrong about the infringement, but they certainly don’t fit the definition of patent trolls. They seem to be actively developping and selling medical technology, not just sitting on vague patents without doing anything with them, which is characteristic of real patent trolls.

You are totally right, one of the problems with patents is that you also need to protect them so basically Masimo and Apple have no other choice if they don't want to loose the patent(s) and the money they even just invested in the patent(s) it/themselves.

Apple will just buy the company and their patents 😂😂

Indeed it would be a good thing to do as it seems to be a major player in the HiFi market as well.

...
I find this feature little better than a toy and I'm amazed Apple is allowed to market it as any sort of real health statistic given how wildly inaccurate I have found it to be. An improved BloodOx sensor and/or algorithm is something that I look for in the feature list of every new Apple Watch release. Apple did update the heart rate sensor to a version 2 somewhere around Series 5 I think (or was it Series 6?) and made explicit refence to that as a feature at the time so I have some hope, this lawsuit not withstanding, that maybe the same might happen with the BloodOx sensor/algorithms at some point.

But it is not marketed as a health device: they are very clear on that. A medical diagnostics tool goes through different procedures and scrutiny than a more generic health indication device. My CPAP also monitors my sleep during the night and it will report my AHI (Apnea-Hypopnea Index). Yet before I see my physician I need to undergo a polysomnography with a different device (which is hooked up to the hose of my CPAP during the sleep examination) for a night instead. That other device is medically certified for diagnosis while the CPAP isn't. Last time I was at the physician during a COVID peak and even though he is a specialist in lung diseases I felt he waisted his and my time as he just said, your AHI was x (I said, that is what my CPAP also said, so thank you for the trouble and see you next year). It is just for health insurance purposes that I need to do the polysomnography and see the physician apart from that a total waist of time and money (I mean, if I see a sudden change in AHI, basically above the official limit of 5.0, than I will use my open source program to read the SD card and see exactly what caused it, has never happened yet, but could happen any day).

The Apple Watch and/or other devices like the one from Masimo they are just a good indication, but nowhere near e.g. a polysomnography device (which indeed also monitors Heart Rythm (ECG), Saturation (SpO2), Muscle activity, Breathing patterns for a whole night (you don't want to go near any 'sensitive' place as it looks like one is on a suicide mission with all the wires attached to ones body/waist, and that in your pyjamas, walking from the hospital to one's care is already sensitive enough for my taste ).

 

[rukia]

Ban will not happen as it has no benefit to the Masimo. It's only used as a bargaining chip to force payment and a licensing agreement by threatening Apple's much larger revenues. Apple could choose to disable the feature in the next watchOS release if Masimo's licensing fees are too high and both parties lose. Disabling the inaccurate blood oxygen measurement isn't a bad option for Apple as I doubt watch sales would be affected in any significant way. They may also decide to cross license some features and no cash changes hands. At the end of the day this is just a business transaction where both parties seek to maximize profits.

 

[GeoStructural]

Before people rush here accusing them of patent trolling, just think whether apple would do the same if the other company infringed apples patents.

How dare you ask something so reasonable out of the average overzealous reader on this forum.

 

[Motorola68000]

Masimo look as though they may have a case regarding the method Apple use, but if you look at the latest Masimo watch then I'd be very surprised if that doesn't infringe Apple patents somewhere.

This is one occasion where perhaps Masimo and Apple would be better off reaching out of court settlement and perhaps even an agreement on incorporating future health related improvements, as Masimo's direction is 100% health related, a growing market, where it may be mutually beneficial to have agreement, and no doubt Apple will also implement more and more health related improvements to other devices.