They could post the patent numbers to make it easier. That's part of the public record after all.
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Masimo CEO on Looming Apple Watch Ban: 'These Guys Have Been Caught With Their Hands in the Cookie Jar'
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I believe these are the patents in question and the PDFs from the USPTO.
I do not find it credible to claim that Apple hasn't contacted Masimo since 2013. That simply seems unlikely given all that has transpired, which makes me wonder what is not being said.
I do find it surprising that this case has gone this far - Apple Watch is a small part of Apple's portfolio, but a few billion here and there can really add up.
Apple makes licensing deals all the time, and they are usually of a "one and done" nature; Apple does not wish to pay royalties on a unit basis. My spidey-sense tells me that Masimo asked for too much, and Apple is waiting to see what they can get in this unusual situation.
I do find it surprising that this case has gone this far - Apple Watch is a small part of Apple's portfolio, but a few billion here and there can really add up.
Apple makes licensing deals all the time, and they are usually of a "one and done" nature; Apple does not wish to pay royalties on a unit basis. My spidey-sense tells me that Masimo asked for too much, and Apple is waiting to see what they can get in this unusual situation.
Remember what happened when Apple cronies visited Masimo?
Xerox PARC remembers….
Xerox PARC remembers….
US patent law kind of disgusts me, especially when it comes to medical devices. These laws were originally designed to promote innovation, but they often do the opposite.
This is exactly what I was saying earlier. They don’t just want a settlement check. They want an apology and a business deal to make a ton of money from all Apple Watches from now on. No wonder Apple hasn’t “called.”
Apple is not going to cave without taking every legal avenue available to them. That said, they certainly won’t sit back for a full year waiting for an appeal with USITC. Make no mistake, Apple has the money to pay. Heck, Apple has enough money they could buy Masimo if they really wanted to. I have stated previously, I have no love for the US paten system, and I am very curious to see how this concludes. Those who think this is the conclusion, I assure you, there is more to come.
I don’t currently fall on a side, but I’m not sure I’d call Masimo a patent troll.
Yes, but my understanding is the USITC ban would still be in effect for a year unless they decide to stay the order, which they rarely do.
I was afraid that megacorps had immunity for quite a while, much like diplomats residing in a foreign country not subject to local laws.
I wouldn't either, but the case isn't as clear cut as I initially thought.
There were altogether 2 lawsuits - one for patent infringement and trade secret violation. The second was for an action with the ITC. Apple responded by petitioning to have the patents invalidated, while also filling a patent infringement lawsuit against Masimo in court.
1) The first was separated into 2 cases. The trade secret case was declared a mistrial. The one for patent infringement is currently on hold.
2) Most (but not all) of the patents were successfully invalidated by Apple in court. The one Apple didn't succeed in overturning is the one currently being ruled over by the ITC. So Apple was this close.
3) The ITC ruled in favour of Masimo in Jan, the import ban was imposed in Oct, to take affect after 60 days, which is next week. And here we are.
Apple Loses First Round of Masimo Bid to Ban Watch Imports (2)
Certain models of the Apple Watch infringe one of five Masimo Corp. patents related to using light sensors to measure the amount of oxygen in the blood, a US International Trade Commission judge found in the first round of Masimo’s bid to block imports of Apple Inc.'s popular smartwatch.
It's also interesting to note that President Obama had also previously veto'ed an import ban by Samsung.
President Obama Vetoes ITC Ban On iPhone, iPads; Apple Happy, Samsung Not
President Obama and his administration today issued a veto on an International Trade Commission patent ruling that would have banned the import of some older models of the iPhone and iPad, dealing a blow to Samsung in its ongoing patent disputes with Apple. The administration, which had 60 days...
www.forbes.com
So I am not really sure who is right here. Masimo is seeking to protect its own intellectual property, while Apple is seeking to overturn what it feels are invalid patents (but who knows whether that really is the case or not). Maybe it says more about the US patent system as a whole, but given that Apple is not afraid to patent things up the wazoo itself, I guess Apple can't complain when the law is turned around to work against its favour this time round.
I am now just waiting to see what Apple's solution to all this is. Imagine if your Apple Watch broke down next year and your only option was to purchase an SE model.
You did zero research, have no idea what’s going on and just came in here to blindly defend Apple huh?
That would never be approved under the circumstances. I don't even think Masimo would agree to that.
It would be smart though, Apple would get more integrated in the healthcare industry.
This man is so desperate to get some sort of payout lol
I read that Apple would be exempt from this if they manufactured the Watch in the United States.
This will never happen under Bean-Counter-in-Chief Tim Cook, but it’s an interesting scenario.
This will never happen under Bean-Counter-in-Chief Tim Cook, but it’s an interesting scenario.
You're right. But look at U.S. Steel agreed on Monday to sell itself to Nippon Steel for $14.1 billion. It was ever thought about years ago. But it happened.
This would under almost all circumstances be approved given it's held 92% by institutions sitting on equity that is 66% off its highs from a little over two years ago. Unless the founder has some crazy preferred voting shares that the common shares don't (maybe, but unlikely). Additionally, it wouldn't face regulatory scrutiny.
But, in reality, there is no way a sane CEO/board would try to gobble up this company for a single patent as it would probably take $10B to get done and be Apple's largest acquisition for a company it doesn't need (since they're primarily a chip maker).
It's almost even more ludicrous that Masimo is trying to enter the consumer device market with a clear Apple Watch ripoff of its own. It's hard to imagine the amount of Capex that cost to enter a market that is clearly being dominated by players with bigger marketing budgets than the market cap of your country.
As others have stated, I'm certain that Apple at least entertained the idea of licensing and Masimo instead wanted their chips in Apple product.
