Masimo’s patent rights fail to derail Apple - for now

The Japanese medical device maker won an appeal against a startup on similar grounds, but could not take on the American technology behemoth this time

 
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Apple watch | Image: AP

The future for Apple’s smartwatch business seemed to be in the dark after Masimo embroiled the company in a patent rights violation over health tracking. Masimo seemed confident to win after it emerged victorious against startup True Wearables.

Last year in December, the court issued a permanent injunction against the sale of the True Wearables device.

But a US court ruling lifting restrictions on the sales of Apple’s smartwatches, which Masimo claims infringes its health-tech IP, is a relief for the Steve Jobs company now helmed by Tim Cook.

Notably, Masimo sued the startup, run by a former executive with a stint in both Masimo and the Apple Watch team, on similar grounds of suing Apple - over claims its wireless pulse oximeter infringed on Masimo’s patent.

Marcelo Lamego seems to be the connecting point - and also the troublemaker - between Apple and Masimo, The Verge reported.

Masimo is pushing for ownership of the health-related patents Lamego developed for Apple because Lamego jumped to Apple after a decade of working at Masimo.

Apple denies Lamego’s role in its Apple Watch 6, as he exited the American tech giant months after joining due to clashes.

Lamego had claimed to develop the health monitoring without infringing IP, but the lawsuit claims otherwise.

Apple alleges that neither Lamego nor the other Masimo employees it hired were involved in the creation of the products and features Masimo is suing over.

Apple says Lamego’s email to Cook came “years before development began on the accused products,” implying that the two events were unrelated.

Masimo CEO Joe Kiani went on to plea the deposition of Cook and Apple COO Jeff Williams.

This lawsuit did set a blow to the American big-tech company as earlier this year, the International Trade Commission (ITC) ruled in favour of Masimo.

Apple’s wearables infringed on Masimo’s patents, as per the ruling, resulting in a US import ban on Apple’s Watch Series 9 and Watch Ultra 2.

The ban went into effect on December 26th, 2023, but Apple filed for an appeal shortly and emerged victorious in securing a court order to temporarily pause the ban.

But Apple’s troubles do not end here, as it will need to wait until US Customs and Border Protection determines on January 12 the changes Apple made to the watches are significant enough to avoid a patent dispute.

Published By : Gauri Joshi

Published On: 29 December 2023 at 09:56 IST