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Massive Masimo vs. Apple Legal Battle Has Epic Day; Is Apple Capitulating?

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Masimo won an ITC ban on the sale of Apple Watch which was pulled from its webstore

STORY UPDATED – Scroll down to read

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.

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Apple Watch Ban Takes Effect as White House Declines to Veto USITC Action

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This image is now the top graphic on the Apple Watch product page. It is the SE entry-level model that has been in the line for some time now [Click to enlarge]

Apple Files Emergency Request to Appeals Court to Halt Ban

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.

See more on what happens now in this Masimo vs. Apple patent battle

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Masimo vs. Apple – An Unusual Wince of Pain as Tech Giant Pulls Watch Off Market

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Apple Series 9 Watch model
From the top of the Watch page on Apple.com – The Series 9 model is within days of being banned from sale in the U.S. [Click to enlarge]

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).

See more on Apple being forced to pull Watch models off the shelf

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Masimo vs Apple – After Early Success, The Wind Shifts… And It’s a Foul Wind

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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…

But then the wind shifted, and recent events suggest it’s a foul wind indeed…

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Feds Indict Former Noel Lee Associate Fred Khalilian in Murder-for-Hire Plot

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Photo with Noel Lee and Fred Khalilian
Noel Lee (center) and Fred Khalilian (right) in online gambling partnership

The Former Monster Products Executive Continues to be Held on Witness Tampering

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.

See more on Khalilian’s colorful life

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In Huge Win for Masimo, ITC Bans Certain Apple Watch Imports for Trade Law Violations

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Masimo Freedom Watch

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.

See more on Masimo’s stunning ITC victory over Apple

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MQA Limited No Longer Exists; Say Hello to Wave Realisations Limited

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MQA Limited has changed its name as this certificate notes

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.

See more on this new change of name for MQA Limited

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Snap One Lawsuit: AVA & Josh.ai File Responses; The Dance Marathon Begins

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The Snap One lawsuit will be long, like a dance marathon

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.

See more on the AVA and Josh.ai responses to allegations from Snap One

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After $32.5M Jury Win for Sonos, Judge Throws Out Jury Verdict and Finds for Google

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A Google facility

Declares Sonos Patents Unenforceable & Invalid

In a shocking twist to a long-running patent battle, U.S. District Court Judge William H Alsup declared Sonos’ ‘966 and ‘885 patents at trial are unenforceable and invalid effectively countermanding a jury decision on behalf of Sonos and a royalty award of $32.5 million. Furthermore, the judge’s order suggests that Sonos abused the patent system by attempting to use it to “punish an innovator” and to “enrich a[n] [innovation] pretender.”

See more on this shocking twist at the end of Sonos vs. Google

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Snap One Sues Josh.ai and AVA for Patent Infringement and So Much More

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image with Snap One, AVA, and Josh.ai

Lawsuit Alleges Unethical Biz Practices from CI Brands Perceived as Upstanding Citizens

On Monday, Snap One revealed that it had filed a lawsuit against two other well-known, if smaller, brands, alleging patent infringement and a range of illicit and unethical business practices that it claims violated existing contractual agreements. The defendants in this matter are Josh.ai and AVA.

The allegations, if true, are really quite surprising.

See more on Snap One vs Josh.ai and AVA

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