Ah yeah so we have the following timeline.
- Apple makes watch.
- Masimo tries to launch competing watch which no one even hears about.
- Apple sues Masimo for patent violation for the watch archetype.
- Masimo stock and value tanks.
- Masimo executives switch their business model to patent litigation with an eye on unrealistically large demands on royalties.
- Masimo sues Apple for a minor and vague technical infringement and gets a sales ban.
- Lawyers throw monkey dung at each other for months.
- Consumers are hurt because Apple takes things off the market and/or cripples them.
- Masimo customers are hurt because all the company's money goes to lawyers rather than their core customers.
Do you know who I feel sorry for here? Casio and Garmin lurking in a shadow in the dark corner wondering when someone will give them some attention.
The timeline is more like this:
1. Apple and Massimo have some disputes unrelated to patents.
2. Masimo suffers from simmering rage and starts to look for ways to attack Apple.
3. Apple releases the Series 6 with pulse oximetry.
4. Immediately after release Masimo files a patent that looks just like the Apple Watch Series 6.
5. One year later the patent is granted and Massimo immediately sues Apple in the ITC court.
6. Apple is probably kicking themselves for not filing enough defensive patents.
7. Most of the clauses are struck down with Apple now having to defend against their own design stolen by Masimo for the 5 remaining clauses.