Strategy in TECH...
More patent decisions are being handed down as several long-running patent lawsuits between Masimo Corporation (Nasdaq: MASI) and Apple Incorporated (Nasdaq: AAPL) wrap up. Last week, a jury in the matter of Apple Inc. (Plaintiff) v. Masimo Corporation and Sound United LLC (Defendants) rendered a verdict on a case where Apple accused Masimo of infringing on six of its Apple Watch patents.
Technically, Apple got a win…but realistically, it was a huge victory for Masimo.
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…
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.
It is not unusual for a hot new product to launch with huge demand, only to see unit sales taper down to more sustainable levels after the initial launch demand is fulfilled. Surely, Apple, Inc. was expecting just this type of behavior after the launch of their long-awaited Apple Watch wearable. However, new data from Slice Intelligence shows that sales of the Apple Watch have plummeted by 90% – an amount well beyond Apple’s typical experience.
