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Law

Split Decision: A Masimo Win and an Apple Win in High Stakes Legal War

October 9, 2024 by Ted Leave a Comment

An annotated illustration from a 2005 smartwatch patent discovered by Masimo containing technology like an Apple patent in 2021
An annotated copy of an illustration from a 2005 patent for a smartwatch (Kotanagi) containing the same or substantially similar technology that Apple was granted a patent for in 2021

While many things have changed in the wake of Joe Kiani’s exit from Masimo Corporation (Nasdaq: MASI) – and many more changes are likely still to come – one thing continues on, the many lawsuits existing between Masimo and Apple Inc (Nasdaq: AAPL). And in the last few days, we have learned of two significant developments in that regard. One is a significant win for Masimo…and the other a significant win for Apple.

However, the war between these combatants continues…

Learn more about these recent legal decisions in the battle of Masimo and Apple

[Read more…] about Split Decision: A Masimo Win and an Apple Win in High Stakes Legal War

Filed Under: Feature, Law, Management, Manufacturers, News, Strategy, Technology Tagged With: Apple Inc, Joe Kiani, Masimo, patent infringement

Masimo: Elvis Has Left the Building; New Management Gets to Work

September 25, 2024 by Ted 6 Comments

Masimo headquarters in California

In a public press release and a filing with the Securities and Exchange Commission (SEC), Masimo Corporation (Nasdaq: MASI) revealed that CEO, Chairman and Founder Joe Kiani resigned his position as CEO on September 19, 2024, in the wake of learning that William Jellison and Darlene Solomon, both Politan nominees, had been elected to the Board of Directors by a decisive margin. The Board has appointed an interim CEO and launched a search for a new permanent CEO.

See all the latest Masimo news as a new day dawns at the company

[Read more…] about Masimo: Elvis Has Left the Building; New Management Gets to Work

Filed Under: Feature, Law, News, Strategy Tagged With: Joe Kiani, Masimo, Politan Capital Management, proxy, Quentin Koffey, Sound United

The Vote is In, Politan Wins the Proxy War; Both Its Nominees are Elected to the Masimo Board

September 19, 2024 by Ted 2 Comments

Politan Board nominees who won their seats

As Politan Prevails, Board Chairman Joe Kiani Loses His Board Seat & Maybe More

It was a long bloody battle and the outcome was less predictable this time around, due to allegations of vote manipulation and a high intensity – if often misguided – vigorous defense put on by Masimo CEO Joe Kiani and his management team. But now we know the result – Masimo shareholders voted in both of the Politan-backed candidates for nomination to the Board in a sweeping win for activist investor Quentin Koffey and Politan Capital Management. Chairman Joe Kiani, on the other hand, lost his Board seat.

See more about the big changes coming to Masimo thanks to the win by Koffey and Politan

[Read more…] about The Vote is In, Politan Wins the Proxy War; Both Its Nominees are Elected to the Masimo Board

Filed Under: Feature, Law, News, Strategy

On Eve of Big Vote, Masimo & Politan Make One Last Pitch; Politan Sues Over Vote Manipulation

September 18, 2024 by Ted 1 Comment

Politan lawsuit against Masimo and RTW

Despite explosions going off everywhere all around the combatants, Masimo Corporation’s 2024 Annual Stockholders Meeting will in fact take place as rescheduled tomorrow, September 19, 2024. It has been a long and bloody battle to get to this point and it is not entirely clear who will prevail. But both sides took a last shot at reaching out to investors to try and gain their votes.

Politan’s swing was a little more powerful as it announced it would expand its lawsuit in the Delaware Court of the Chancery – with a new party to be sued, based on evidence it uncovered as part of Masimo’s lawsuit against it in California District Court.

See more on this last blast in the proxy war between Politan and Masimo

[Read more…] about On Eve of Big Vote, Masimo & Politan Make One Last Pitch; Politan Sues Over Vote Manipulation

Filed Under: Feature, Law, News, Strategy Tagged With: Joe Kiani, Masimo, Politan Capital Management, proxy battle, Quentin Koffey

Masimo Strikes Back: Judge Finds Politan & Koffey in Contempt of Court

September 17, 2024 by Ted 2 Comments

Masimo CEO Joe Kiani

Will Politan Snatch Defeat from the Jaws of Victory?

Last Friday, just hours after I reported to you on what appeared to be a significant “win” for Politan Capital Management L.P. et. al. in its proxy battle with Masimo Corporation, a new ruling is handed down from U.S. District Court Judge James V. Selna in which he holds Politan and its Chief Investment Officer Quentin Koffey in Contempt of Court based on a Masimo Ex Parte motion. Judge Selna’s ruling showed some real anger at Koffey and Politan and he has scheduled a new hearing on the sanctions to be administered in the matter, although at this moment, Masimo’s Annual Stockholders Meeting is scheduled to go ahead with its proxy vote this Thursday.

See the latest on this continuing heated battle

[Read more…] about Masimo Strikes Back: Judge Finds Politan & Koffey in Contempt of Court

Filed Under: Feature, Law, News, Strategy Tagged With: Joe Kiani, Masimo, Politan Capital Management, proxy, Quentin Koffey

BREAKING NEWS: Politan Wins…Court Denies Masimo Request for Preliminary Injunction

September 13, 2024 by Ted 2 Comments

Politan CIO Quentin Koffey

Politan Candidates & Proxy Vote Goes Forward Next Week; Masimo Demands a ‘Contempt’ Order

Late on Thursday, Politan announced that Judge James V. Selna of the U.S. District Court, Central District of California has denied Masimo’s request for a preliminary injunction in the matter of Masimo Corporation v. Politan Capital Management et.al. that sought to block Politan’s nominees for the Masimo Board of Directors. This is a big win for Quentin Koffey and Politan as it means that despite Masimo’s effort to disqualify its candidates, they remain eligible to run for the open Board positions and that the vote by investors can continue as planned at the Masimo 2024 Annual Stockholders Meeting, scheduled less than a week away, on Thursday, September 19, 2024.

Learn more about this big news in Masimo v. Politan

[Read more…] about BREAKING NEWS: Politan Wins…Court Denies Masimo Request for Preliminary Injunction

Filed Under: Feature, Law, News, Strategy Tagged With: Joe Kiani, Masimo, Politan Capital Management, Quentin Koffey

Revised Politan Proxy Material Offers a Surprising Masimo Tidbit

August 7, 2024 by Ted 1 Comment

Chancery Court Declines to Force an Earlier Stockholders Meeting

New proxy material produced and distributed to stockholders this week by Politan Capital Management – an activist investor in Masimo Corp (Nasdaq: MASI) – mostly contains information that was already known. The activist investor, as well as Masimo itself, must provide new proxy materials and voting forms as all previous votes were invalidated as a result of a rescheduling of the 2024 Annual Stockholders Meeting to September 19th (originally was to be July 25th).

But Politan included a few pages of updated background information which, among those items I’ve already written about, did include one fascinating or tantalizing bit of new information.

See more on the updated Politan proxy & its new Masimo tidbit

[Read more…] about Revised Politan Proxy Material Offers a Surprising Masimo Tidbit

Filed Under: Feature, Law, Management, Manufacturers, News, Strategy Tagged With: Joe Kiani, lawsuit, Masimo, Politan Capital Management, Quentin Koffey

Lutron Loses Appeal in J Geiger Lawsuit But Gets Penalty Reduction

August 2, 2024 by Ted Leave a Comment

The judge hearing Lutron Electronics’ appeal of its loss to GeigTech East Bay (part of J. Geiger shades) in a patent infringement case has delivered her decision and it is sure to please neither side. Earlier this year a jury declared Lutron a willful infringer of a GeigTech patent and awarded it an eye-popping $34.6 million. Lutron appealed asking for a new trial, which was denied, but the Judge cut the award to $3.8 million, agreeing that it was “grossly excessive.”

So what happens now? Read on to see…

See more on this ruling of Lutron’s appeal of Geigtech’s trial win

[Read more…] about Lutron Loses Appeal in J Geiger Lawsuit But Gets Penalty Reduction

Filed Under: Feature, Law, Management, Manufacturers, News, Technology Tagged With: GeigTech, lawsuit, Lutron, patent infringement

Josh.ai Goes on Offense, Fires Off Motion to Dismiss Much of Snap One Lawsuit

May 2, 2024 by Ted Leave a Comment

Graphic with Snap One, Josh.ai, and AVA logos

In the matter of Snap One, LLC v. AVA, Inc, and Josh.ai, Inc., we finally see a substantive move after the initial filing by plaintiff Snap One and subsequent answers from the defendants AVA and Josh.ai. And that subsequent move is a doozy – Josh.ai has gone on offense and filed a motion to dismiss multiple major claims in the Snap One lawsuit.

Josh.ai’s filing is well written and puts Snap One on defense, forcing them to submit genuine facts and evidence to support their many claims, including a few allegations that were really quite salacious.

See more on Josh.ai’s Motion to Dismiss putting Snap One on defense

[Read more…] about Josh.ai Goes on Offense, Fires Off Motion to Dismiss Much of Snap One Lawsuit

Filed Under: Law Tagged With: AVA, Josh.ai, patent infringement, Snap One

DTC Brands OSD Audio and Outlaw Audio Settle All Litigation; OSD Sues Homni

April 25, 2024 by Ted Leave a Comment

OSD Audio website

Santos Electronics Inc., dba OSD Audio, and Outlaw Audio LLC – both direct-to-consumer (DTC) brands – have settled all claims between them in their dueling lawsuits that began back in 2022, according to court filings from earlier this year. In that order from the court, I learned that the entire action was dismissed “with prejudice” – meaning it cannot ever be revised or otherwise litigated again (on these issues).

See more on the end of OSD Audio v. Outlaw Audio, and vice versa

[Read more…] about DTC Brands OSD Audio and Outlaw Audio Settle All Litigation; OSD Sues Homni

Filed Under: Law Tagged With: Dave Chai, Jonathan Lederman, lawsuit, OSD Audio, Outlaw Audio

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A former dealer, manufacturer, distributor & more. Focusing on business strategy, my goal is to help you make better decisions for greater success.

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