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

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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

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

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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

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

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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

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

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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

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Revised Politan Proxy Material Offers a Surprising Masimo Tidbit

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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

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Lutron Loses Appeal in J Geiger Lawsuit But Gets Penalty Reduction

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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

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

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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

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

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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

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Throwing Shade – Jury Finds Lutron Guilty of Infringement; Owes J. Geiger $34.6M

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J. Geiger Shades, a related company to GeigTech, the design was copied by Lutron, the fury says

A Federal jury in the U.S. District Court for the Southern District of New York delivered a verdict against Lutron Electronics Co., finding that it had infringed on a window shade patent held by GeigTech East Bay, a South Carolina company. The jury awarded GeigTech $34.6 million in damages for Lutron’s infringement, a figure that Lutron called “grossly excessive.”

Learn more about Lutron losing to GeigTech

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Apple Files Massive Appeal; Asks Court to Overturn ITC Ban in Masimo Win

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Header for Apple Inc., v. International Trade Commission ITC & Masimo

A Heavyweight Case; 916 Pages Heavy, That Is

Last Friday, Apple, Inc. filed a massive appeal with the U.S. Appeals Court for the Federal Circuit asking the judges to overturn the ruling of the United States International Trade Commission (ITC) which sided with Masimo and ordered a ban on sales of certain models of the Apple Watch. The filing runs an impressive 916 pages long and cites multiple elements of the ITC ruling, telling the Federal Court that the commission “…both exceeded its authority and issued a series of flawed substantive rulings.”

Apple says: ‘The Commission’s decision cannot stand.’

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