• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Strata-gee
  • Contact Us
  • Free Newsletter
  • Sponsor Strata-gee
  • Privacy Policy
  • Latest Posts
  • Strategy
  • Technology
  • Products
  • People
  • Statistics
  • Financial
  • Legal
  • Economic Data
  • Shows & Events

Strata-gee.com

Strategy in TECH...

What Savant Can Do
You are here: Home / Law / Judge Cuts Masimo Claims in Half From $3.1B to $1.8B; Jury is Now Deliberating

Judge Cuts Masimo Claims in Half From $3.1B to $1.8B; Jury is Now Deliberating

April 27, 2023 by Ted Leave a Comment

Masimo W1 smartwatch

BREAKING NEWS

In more late-breaking news from the Masimo v. Apple trade secrets trial, we learn that U.S. District Judge James V. Selna has cut Masimo’s trade secrets claims in half, down from twelve initial claims to now six viable claims. Based on the expert estimated value of the claims cut, that takes this case from one valued at $3.1 billion in damages to one now valued at $1.8 billion.

See more on this late-breaking Masimo v. Apple trial news

Apple’s attorneys have really earned their pay no matter how this case is ultimately decided by the jury, which is now deliberating the matter as this post is being written. With one decision by Judge Selna, at the very least, the Apple attorneys succeeded in saving their client a minimum of $1.3 billion in potential liability. And perhaps they’ve succeeded in winning the matter in full, depending on what the jury determines.

As I pointed out in my story posted just this morning, both sides in this matter filed what’s known as Rule 50(a) motions – common motions at the end of a trial seeking judgment before turning the matter over to juries – that seek to dispose of some or all of the litigation at hand based on what evidence was presented at trial. These motions are quite common in civil litigation but often don’t succeed in altering the outcome.

AudioControl Single Zone Amps

Judge Agrees with Apple & Dismisses Six of Twelve Masimo Claims

However, this time, Apple attorneys did succeed in part, according to reporting by legal reporter Meghann Cuniff, as Judge Selna agreed with them that six of the twelve initially asserted Masimo claims would not go to the jury for determination and would instead be dismissed from the case. The judge apparently agreed with the Apple attorney’s suggestion that no reasonable jury could find liability on these six items.

The dismissed claims centered around business and marketing strategies that Apple used in promoting the electrocardiogram features in certain Apple Watch models. Masimo’s technology covers both blood oximetry and electrocardiogram capabilities as well, and the company further maintained that these marketing and business strategies were their own intellectual property that was misappropriated by Apple.

From Apple website extolling pulse oximetry in Watch Series 8
On its website, Apple still pitches the Watch’s ability to measure blood oxygen levels as one of the wonders of the product, ‘a breathtaking innovation.’ In this case on their latest Series 8 Watch

Judge Agrees with Masimo and Says Six Core Claims Must Go to the Jury

However, Judge Selna did not agree with Apple and did not dismiss the remaining six claims which tend to be more specific to the technology at the core of this dispute of trade secret misappropriation. The value of these claims, according to an intellectual property expert testifying for Masimo, is $1.8 billion. Incidentally, Apple’s intellectual property expert calculates that Masimo’s remaining claims are worth only around $34.1 million.

Interestingly, Judge Selna told Apple’s attorneys that while he is dismissing six of the claims from Masimo’s lawsuit, he would not inform the jurors of his decision. Rather, he would simply remove those claims from the verdict form the jurors used to report the results of their deliberations. I would imagine that the reason the judge chose this route is that he wanted to avoid inadvertently influencing the jurors by perhaps causing them to interpret his action as negative to Masimo’s claims and positive for Apple’s defense.

Sonance James Small Aperture

Jury Has Tricky Matters to Sort Out

The jury – in this trial composed of eight women – has begun deliberations today on those remaining six claims. The jury must find: 1) Are the six trade secrets claimed by Masimo actually trade secrets; 2) If so, were they misappropriated by Apple?; and 3) If so, were they misappropriated “maliciously.” They will also determine if Masimo should rightly be listed as co-owner on five Apple patents they say is based on their technology.

The remaining Masimo claims of trade secrets specifically cover technologies related to demodulation and light propagation. Apple’s attorneys belittled the Masimo inventions (for which they hold patents) as little more than “bits and bobs” and suggested that they don’t rise to the level of true trade secrets.

Masimo pulse oximeter
Masimo says its pulse oximeters are used every day in thousands of hospitals across the U.S. They also note that 100 studies show their technology to be more accurate

Jury is Now Deliberating, Answers Could Come Soon

We’ll know soon which side of this dispute the jury agrees with…

Learn all about Masimo by visiting masimo.com.

See all that Apple offers at apple.com.

Share this post:

  • Tweet
  • Click to share on Reddit (Opens in new window) Reddit
  • More
  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print

Like this:

Like Loading...

Related

Filed Under: Law, Management, Manufacturers, News Tagged With: Apple, Masimo, Masimo vs Apple, patent infringement, trade secrets

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Search

Sign-Up for Our FREE Newsletter

loader

Latest Posts

T-Day+1: Tariffs…And So It Begins…

STORY UPDATED 4/30/25 - See a Selection of Tariff Increases from Around the … [Read More...] about T-Day+1: Tariffs…And So It Begins…

On Fire, Sonance Acquires Blaze Audio in Pro Audio Expansion

Sonance, a leading innovator of custom integration solutions founded more than … [Read More...] about On Fire, Sonance Acquires Blaze Audio in Pro Audio Expansion

  • T-Day+1: Tariffs…And So It Begins…
  • Masimo Tells SEC It Was the Victim of a Cyberattack
  • Masimo Sells Sound United to Harman; Excited? Temper Your Enthusiasm
  • Strata-gee Founder Hospitalized After Suffering Injuries in Accident on Monday

Categories

Sponsors

Crestron Infra-Bass
AudioControl Single Zone Amps
Sonance James Small Aperture
Savant
Oasys Residential Technology Group

Tag Cloud

acquisition Amazon Apple AudioControl B&W Bowers & Wilkins CEDIA CEDIA Expo CES Control4 Core Brands COVID-19 Crestron D&M Holdings Denon Emerald Expositions Foxconn Gibson Brands Gibson Guitar Google Henry Juszkiewicz Hon Hai Precision Industry Co. housing starts Integra Joe Kiani LG Marantz Masimo Nortek OLED Onkyo Panasonic patent infringement Pioneer Samsung Savant Sharp smart home SnapAV Snap One Sonos Sony Sound United SpeakerCraft Toshiba

Footer

Got News?

HEY PR & Marketing Pros: Have NEWS for Strata-gee readers?

Send it to: HotNews@strata-gee.com

Meta

  • Log in
  • Entries feed
  • Comments feed
  • WordPress.org

Sponsor Strata-gee

Strata-gee Ads

Archives

Translate

Ted Green Bio

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

Follow Ted Green

  • Facebook
  • X
  • LinkedIn
  • Instagram

Copyright © 2025 Strata-gee.com · The Stratecon Group, Inc. All Rights Reserved · Log in

%d