Strategy in TECH...
Last week, a major patent trial began in Southern California as Masimo Corp. vs. Apple Inc. kicked off. And already big stories are flowing out of the proceedings that, for several days now, were entirely or partly conducted in complete secrecy, as Masimo executives testified behind closed doors.
MQA Limited, the company that invented and markets the Master Quality Authenticated digital music system said to deliver lossless high-res streaming music, has entered “administration” in the U.K. Administration is a form of bankruptcy or protection from creditors similar to Chapter 11 bankruptcy here in the U.S. In the U.K., administration offers an insolvent company time to reorganize, develop a new plan, and – with stakeholder and government approval – an opportunity to exit bankruptcy.
As I write this post on Wednesday, it is the opening day of the patent infringement and trade secrets trial based on a lawsuit filed by Masimo Corporation [NASDAQ: MASI] and Cercacor Laboratories, Inc. (a Masimo-affiliated company) versus Apple, Inc. [NASDAQ: AAPL]. You could call it David vs. Goliath, as tiny Masimo tangles with Apple, the largest corporation in the world. This lawsuit was originally filed back in January 2020 by Masimo who claims that Apple has misappropriated trade secrets by hiring former Masimo employees and stealing Masimo patented technologies, valuable intellectual property (IP) they consider trade secrets, for use in Apple products.
On Tuesday, less than two weeks after the conclusion of a trial in the case of ClearPlay, Inc. vs. Dish Network where a jury found in favor of ClearPlay and ordered Dish Network to pay $470 million for patent infringement – Judge David Nuffer announced a new ruling that throws out the jury verdict and award. This dramatic turnabout was announced during a court status hearing on Tuesday in which the parties participated via Zoom.
Dish Network, LLC must pay nearly $470 million for patent infringement related to its Autohop Hopper technology that a Salt Lake City District Court jury says infringes on patents held by ClearPlay Inc. The case, originally filed as ClearPlay, Inc. vs. Dish Network LLC, Dish Network Corp., EchoStar Corp., and EchoStar Technologies L.L.C. has been a long-running battle as it was originally filed in March 2014.
Masimo Corp. (NASDAQ: MASI), a medical products company that also owns audio maker Sound United, notches yet another victory in its continuing conflict with Apple, Inc. (NASDAQ: AAPL) – this time in the form of a favorable ruling from the Patent Trial and Appeal Board (PTAB), which dismissed Apple’s challenges to two Masimo patents on proprietary technology to test blood oxygenation levels. As a result, things are heating up and getting a little more serious for Apple, which Masimo accuses of infringing on its patents to add a health-related feature to their popular Apple Watch products, with no compensation or licensing arrangement with Masimo.
Masimo (NASDAQ: MASI), a medical products manufacturer who also owns audio products maker Sound United, said this week that a U.S. International Trade Commission (USITC) Administrative Law Judge in Washington D.C. has ruled that Apple, Inc. (NASDAQ: AAPL) has violated Section 337 of the Tariff Act of 1930 by importing and selling models of their Apple Watch that incorporate light-based pulse oximetry technology that infringes on two of Masimo’s patents. Apple first introduced its pulse oximeter sensor in their Apple Watch Series 6 in 2020 and continues to incorporate it into models up to the current series.
In a decision announced last week, U.S. District Court Judge James V. Selna has granted a motion for reconsideration by Outlaw Audio that included a restraining order preventing OSD Audio “from falsely representing” a certain feature of one of its products. This decision is a result of legal action taking place between direct-to-consumer (D2C) brands Santos Elecs. Inc. dba OSD Audio and Outlaw Audio LLC.
Masimo Corp. (NASDAQ: MASI), the owner of major audio company Sound United, revealed last week that it had received a favorable ruling against a former employee who was found by the Honorable Judge James V. Selna of the United States District Court of the Central District of California, to have stolen numerous company trade secrets and then employed them in the design of a competitive product and in numerous patent applications. With this conclusion, Masimo earned a long, hard-fought win that gives them positive momentum as they head to court again against a bigger combatant.
Why is this case – Masimo vs. True Wearables – particularly notable? Because alongside this action, Masimo is also suing Apple, Inc. on many of the same issues – a case that has just been incredibly bolstered by the District Court’s ruling against True Wearables and its founder Dr. Lamego.
The tables have apparently been turned on Sonos, Inc. which now finds itself the subject of an investigation into alleged patent infringement by the U.S. International Trade Commission (USITC). The agency decided to launch an investigation of Sonos after receiving a complaint from Alphabet, Inc.’s Google division. There is one simple question: is Sonos a patent infringer?
