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Patents Apple

Apple Watch Patent Infringement Confirmed, As Masimo Seeks Import Ban (9to5mac.com) 36

An anonymous reader quotes a report from 9to5Mac: Apple has suffered a setback in its long-running Apple Watch patent infringement battle with medical technology company Masimo. A court has ruled that Apple has indeed infringed one of Masimo's patents in the Apple Watch Series 6 and up. Masimi is seeking a US import on all current Apple Watches. If granted, this would effectively end Apple Watch sales in the US, as the company would not be allowed to bring in the devices from China.

The battle between the two companies has a long history. Back in 2013, Apple reportedly contacted Masimo to discuss a potential collaboration between the two companies. Instead, claims Masimo, Apple used the meetings to identify staff it wanted to poach. Masimo later called the meetings a "targeted effort to obtain information and expertise." Apple did indeed hire a number of Masimo staff, including the company's chief medical officer, ahead of the launch of the Apple Watch. Masimo CEO Joe Kiano later expressed concern that Apple may have been trying to steal the company's blood oxygen sensor technology. The company describes itself as "the inventors of modern pulse oximeters," and its tech is used in many hospitals.

In 2020, the company sued Apple for stealing trade secrets and infringing 10 Masimo patents. The lawsuit asked for an injunction on the sale of the Apple Watch. Apple has consistently denied the claims, and recently hit back with a counterclaim of its own, alleging that Masimo's own W1 Advanced Health Tracking Watch infringes multiple Apple patents. Reuters reports that a US court has ruled against Apple on one of the patent claims.

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Apple Watch Patent Infringement Confirmed, As Masimo Seeks Import Ban

Comments Filter:
  • by devslash0 ( 4203435 ) on Thursday January 12, 2023 @08:40PM (#63204440)

    Nearly all modern sports watches include an oximeter which is the foundation of many sport-related statistics provided by these devices. Where does this ruling put other manufacturers like Garmin, Suunto, Polar, etc?

    • Comment removed based on user account deletion
      • by jabuzz ( 182671 )

        The basics of this is that you cannot patent an idea. You can only patent the implementation of an idea. Use a different implementation that is not covered by a patent and you are good to go.

        I would say if you hired a bunch of Masimo staff the chances are they would implement it in a way they were familiar with which would increase the chances of patent infringement.

        But basically, you have neatly outlined the three options. One other manufacturers are using different approaches and are thus not infringing.

    • Who says other manufacturers don't have licensing deals with Masimo? (There would have also been no way that Apple could have known about any of these deals so they could comply. LOL, the "fun" of product engineering.)

    • According to TFA, Apple, has been oblivious in poaching engineers from Masimo (contacting them and offering higher salaries), making it not only more likely to infringe Masimo's patents than other smartwatch companies (by following the same approach than Masimo in all possible aspects) but also more likely to seriously upset their legal department and trigger this answer.

  • by A nonymous Coward ( 7548 ) on Thursday January 12, 2023 @09:04PM (#63204480)

    Part of me is laughing my ass off, Apple getting a bit of karma after their crazy design patent battles with Samsung over rounded corners on smart phones.

    Live by the patent, die by the patent, or something. Better to innovate than copy, whether the copying is "legal" or not.

  • Tradition!
  • by hdyoung ( 5182939 ) on Thursday January 12, 2023 @09:15PM (#63204504)
    1. Poaching staff. Nothing to see here. In most states, non-compete agreements aren’t even worth the paper they’re on.

    2. Trade secret stealing. If Apple was stupid enough to hire someone from Masimo and then ask that person to draw up a design of a Masimo product which they just shoved into production, yeah Apple is in trouble. Much more likely, Apple assigned the employee to run an “independent” internal research program that quickly replicated the data required for the design. No more trade secret issue.

    3. Patent infringement. A real issue. If Masimo has patents that Apple is infringing on, Apple will write them a nice big honkin check to make the issue go away. They’ve done it before many times.
    • by jabuzz ( 182671 )

      The take away from this is if Apple comes knocking show them the door.

      I would however say approaching a firm "pretending" to be interested in their product but really only with a view to identifying staff and poaching them could well be a legal problem for Apple.

    • by jeremyp ( 130771 )

      Writing a big honking cheque is normal practice if you want to use somebody else's patented technology. It's quite a good way of making money off your patented technology if you don't want to manufacture it yourself.

  • die by patent law. Though some court in Texas etc will over turn it,
  • by Mononymous ( 6156676 ) on Thursday January 12, 2023 @09:51PM (#63204536)

    Masimi is seeking a US import on all current Apple Watches.

    Looks like you accidentally a very important word.

    • by Anonymous Coward
      Alsi, a quite omportant misspelling.

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