Strategy in TECH...
In a result likely to be viewed by many as anti-climatic, U.S. District Judge James V. Selna has declared a mistrial in the matter of the $1.8 billion trade secret lawsuit between Masimo Corp. et al vs. Apple Inc. et. al. And while I am sure that both sides are disappointed that they failed to prevail, both can take away some positive elements from this null decision that will most likely inform their approach in a new trial.
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.
In a surprising and rather dramatic late-trial incident, an Apple witness violated a pre-trial order from U.S. District Judge James V. Selna meant to limit the amount of evidence to be presented, and – upon a motion from Masimo – he reversed that order, allowing Masimo to reveal more evidence potentially detrimental to Apple. Specifically, jurors learned that Apple had not just hired two Masimo executives as they had been told, but rather, the tech giant had hired as many as five more (for a total of seven) employees away from Masimo.
The Masimo Corporation $3 billion trade secret misappropriation, patent infringement, and patent ownership trial against Apple, Inc. is continuing and witnesses are offering the jury sharply divergent views of the many elements of this case. While those opposing viewpoints are fairly clear, what is not clear is how the jury is interpreting all of this information, and which side they feel is presenting a true picture of the situation.
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.
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.
After years of driving the economy, Big Tech has suddenly hit a rough road. By now you’ve likely heard about layoffs in tech…lots and lots of layoffs. According to Layoffs.fyi, as of this writing, more than 104,000 tech jobs have been lost in just the first six weeks of 2023. But what is behind the struggles of these Big Tech players?
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 what may turn out to be the best test yet of Masimo’s long-term plans for Sound United, the company announced today that it is launching an expansion of HEOS, the wireless home system initially developed by the company’s Denon division as part of a whole-home wireless music system. When Masimo acquired Sound United back in February of this year, Denon’s “cloud-connected home ecosystem” was one of the items it specifically mentioned as what attracted them to make the acquisition.
With today’s announcement, the company says that the launch of this “…expansion of the HEOS platform [will] provide a robust and always-on connection to the Masimo Health secure cloud.”
Back in August 2020, I told you about Koss Corporation filing patent infringement claims against Apple Inc, Bose Corporation, PEAG LLC (JLAB Audio), Plantronics, and Skullcandy. It seemed like an improbable journey for the relatively small specialty headphone maker, but they plunged ahead anyway confident that their wireless audio patents had been unfairly infringed.
This week, after two years of legal battles that had intensified in 2022 and on the eve of a jury trial with mighty Apple, Inc. the two parties reached an agreement settling all disputes in a deal that looks really sweet for Koss.
