Strategy in TECH...
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.
