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Apple Files Massive Appeal; Asks Court to Overturn ITC Ban in Masimo Win

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Header for Apple Inc., v. International Trade Commission ITC & Masimo

A Heavyweight Case; 916 Pages Heavy, That Is

Last Friday, Apple, Inc. filed a massive appeal with the U.S. Appeals Court for the Federal Circuit asking the judges to overturn the ruling of the United States International Trade Commission (ITC) which sided with Masimo and ordered a ban on sales of certain models of the Apple Watch. The filing runs an impressive 916 pages long and cites multiple elements of the ITC ruling, telling the Federal Court that the commission “…both exceeded its authority and issued a series of flawed substantive rulings.”

Apple says: ‘The Commission’s decision cannot stand.’

[Read more…] about Apple Files Massive Appeal; Asks Court to Overturn ITC Ban in Masimo Win

In Masimo v. Apple Trial Twist, Jurors Suddenly Learn Apple Hired Many Masimo Employees

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Apple Watch

Closing Arguments Began Wednesday

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.

Learn more about a surprising turn in Masimo v. Apple

[Read more…] about In Masimo v. Apple Trial Twist, Jurors Suddenly Learn Apple Hired Many Masimo Employees

Judge in $3B Masimo vs. Apple Lawsuit Seals the Trial; Masimo Execs Testify Behind Closed Doors

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New Masimo Freedom watch with blook oxygenation technology
The new Masimo Freedom smartwatch

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.

See the latest developments in Masimo vs. Apple…

[Read more…] about Judge in $3B Masimo vs. Apple Lawsuit Seals the Trial; Masimo Execs Testify Behind Closed Doors

Masimo vs. Apple Trial Starts Today – Judge Tells Jurors to Leave Their Apple Watches at Home

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Apple watch showing blood oxygenation feature

Its Biggest Battle Yet with the World’s Largest Tech Corp

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.

Learn more about Masimo vs. Apple…

[Read more…] about Masimo vs. Apple Trial Starts Today – Judge Tells Jurors to Leave Their Apple Watches at Home

Chaos in Cupertino: Apple’s First Quarterly Sales & Profit Decline in 13 Years

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iPhone Sales Fall for the First Time in Its History

Photo of Apple store in ChinaCupertino, CA-based Apple, Inc. announced its fiscal first quarter results yesterday and it wasn’t a pretty picture. And although Wall Street acted with shock, no one should have been surprised as Apple had warned this would be a tough quarter back in January. Apple remains a huge and cash-rich company, but the deeper you dig into this latest report, the more obvious it becomes that there is a legitimate cause for concern.

See more on this tough quarter by the Tech’s largest company… [Read more…] about Chaos in Cupertino: Apple’s First Quarterly Sales & Profit Decline in 13 Years

Backing Beats – Apple Launches Retaliatory Attack on Monster

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BREAKING NEWS

Monster’s Noel Lee Talks to Us About Latest Lawsuit Developments

Monster logoAs many regular readers know, Strata-gee has been closely following the litigation between Monster, LLC and Beats Electronics, LLC. Although the matter is really just getting started, it appears to be getting really ugly, really quickly. Now we have learned that Apple, Inc. has taken several actions that, according to Monster CEO Noel Lee (who is known as the Head Monster), are pure retaliation over this lawsuit – even though Monster did not sue Apple.

See more on Apple’s actions against Monster that it says are retaliatory… [Read more…] about Backing Beats – Apple Launches Retaliatory Attack on Monster

Apple’s Smartwatch: A Magnum Opus? Or A Major Oh-Oh?

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Photo of Apple Watch
[Photo: Reuters]
Smarmy smugness notwithstanding, Apple executives must be getting at least a little nervous. As we recently reported, their launch of the new Apple Watch saw a response that was tepid at best. As the press expressed a healthy dose of skepticism, Apple CEO Tim Cook noted with a touch of irony how the press has been wrong on most of the company’s launches of many products that went on to dominate their markets. So…talk to the hand.

But is this time – with this product – going to be different for Apple?… [Read more…] about Apple’s Smartwatch: A Magnum Opus? Or A Major Oh-Oh?

Think Apple’s Watch is Doomed to Fail? Better Think Again

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Drawing from Apple Watch patent
This is a drawing from the patent application by Apple.

Apple, Inc. announced the coming availability of the Watch, its first major product in years, at a presentation earlier this month. Since that announcement, we’ve been struck by the lack of enthusiasm for the product amongst members of the TECH press. In conversations with colleagues, we heard many predict that the Watch is doomed to failure, in part because of this tepid response.

Now, results from a new survey suggests TECH wonks may be wrong… [Read more…] about Think Apple’s Watch is Doomed to Fail? Better Think Again

Irony: Apple Reports Historic Fiscal Quarter Results – Sony Announces More Layoffs

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Apple's Tim Cook
Apple CEO Tim Cook

Two rather significant news stories emerged today – one about Apple’s amazing Q1 fiscal results and the other about Sony’s troubled mobile division – and we couldn’t help but notice an incredible irony. In a way, it’s almost a tale of two CE industries.

See more on the incredibly irony of today’s top news stories… [Read more…] about Irony: Apple Reports Historic Fiscal Quarter Results – Sony Announces More Layoffs

GoPro Stock Hit Hard As Word of New Apple Patent Leaks

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GoPro on helmetGoPro, Inc., the specialty manufacturer of sports-oriented cameras and camcorders, saw its stock plummet 12% in just one day on Tuesday when word leaked out of a new patent awarded to Apple, Inc. that appears to be for a remote control camera system. Although there was no official announcement from Apple about the product, word about the patent and its possible impact on GoPro spread around Wall Street like wildfire.

See more on this dramatic repricing of GoPro based on a future Apple product… [Read more…] about GoPro Stock Hit Hard As Word of New Apple Patent Leaks