Strategy in TECH...
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.”
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.”
In the matter of Masimo Corp. v. Apple, Inc….AND…Apple, Inc. v. Masimo Corp. we have a full-blown, overt litigation war raging between two determined combatants. It is a complex battle that has opened multiple fronts with multiple separate actions initiated by each of the parties in District Courts, the U.S. International Trade Commission, the Patent Trial and Appeal Board, the U.S. Customs and Border Protection, and the U.S. Court of Appeals for the Federal District. Almost every one of the myriad decisions by all of these entities is appealed to final disposition.
However, Friday, January 12, 2024, turns out to be an especially important day.
UPDATE: See the latest news that broke the day after this story was posted at the bottom of this story…
The Masimo vs. Apple saga continues as the ban on Apple Watch models that the U.S. International Trade Commission (USITC) declared infringed on multiple Masimo Corp. (NASDAQ: MASI) patent claims is now in full force as the Biden Administration declined to veto the USITC decision. Apple’s (NASDAQ: AAPL) hopes for a presidential intervention countermanding the USITC ban from taking effect were dashed as the Presidential Review period expired at the end of Monday – yes, Christmas Day – with no action taken by the White House.
Speaking for the Biden Administration Tuesday morning, Katherine Tai, the U.S. Trade Representative said the government “decided not to reverse the ban following careful consultations.” With that, the Apple Watch ban took full effect.
Apple Inc. (NASDAQ: AAPL) announced that this week it was preemptively removing certain models of its Apple Watch line from its online store on Thursday, and from its physical retail stores by December 24th. The products affected by this action are the Series 9 and Ultra 2 Watch models which include pulse oximetry technology that the U.S. International Trade Commission (ITC) determined infringed on patents held by Masimo Corp. (NASDAQ: MASI).
What a year it’s been for Masimo Corporation (NASDAQ: MASI), the manufacturer of medical products sold largely to hospitals and other healthcare systems who is also the owner of Sound United, a leading manufacturer of audio products. Simply saying they’ve been through highs and lows would understate the high drama in which the company has been immersed this past year – not the least of which is embodied by its deathmatch with Apple, Inc., the largest company in the world. Apple is also regularly ranked as the most profitable company in the world – a well-resourced adversary to engage thoughtfully…and carefully.
Some impressive early Masimo wins in this battle with Apple, however, seemed to suggest that the tech behemoth was losing its balance and the altercation might be winnable by its much smaller rival. But then…
A former associate of Head Monster Noel Lee (and Paris Hilton) remains in jail in Los Angeles after a judge dismissed a murder-for-hire case against him over technical questions of venue. Prosecutors accused Fereidoun “Prince Fred” or “Fred” Khalilian of paying his bodyguard to kill a documentary filmmaker who was ostensibly working on a movie exposing Khalilian’s alleged life of fraud.
Masimo Corporation (NASDAQ: MASI) scored a big win Thursday in its ongoing battles with Apple, Inc. when the United States International Trade Commission (USITC or ITC) sided largely with Masimo and issued a Limited Exclusion Order and a Cease and Desist Order against certain Apple Watch models that infringe on select Masimo patents. This exclusion order bans the import of those models that incorporate Masimo’s patented light-based pulse oximetry technology in violation of U.S. trade laws.
MQA Limited has notified Companies House, the U.K. government agency that is roughly equivalent to our Securities and Exchange Commission, that it has changed its name. After nine years as MQA Limited, the company will now be known as Wave Realisations Limited.
After receiving an extension from the court giving them more time to respond, AVA, Inc. and Josh.ai, Inc. formally filed their responses to the Snap One, LLC lawsuit filed against them this past summer. With these filings, we have completed the end of the beginning of what will undoubtedly be a long dance marathon of patent and trade secret litigation.
