Sign up for our free daily newsletter
YOUR PRIVACY - PLEASE READ CAREFULLY DATA PROTECTION STATEMENT
Below we explain how we will communicate with you. We set out how we use your data in our Privacy Policy.
Global City Media, and its associated brands will use the lawful basis of legitimate interests to use
the
contact details you have supplied to contact you regarding our publications, events, training,
reader
research, and other relevant information. We will always give you the option to opt out of our
marketing.
By clicking submit, you confirm that you understand and accept the Terms & Conditions and Privacy Policy
A jury in Delaware returned a mixed verdict for Apple on 25 October finding that medtech company Masimo had infringed two of its design patents, but that another of its design patents was invalid for obviousness.
The verdict is the latest instalment in the long-running IP battle between the two companies over the technology in Apple Watches. Six design patents were in dispute over the five-day trial. Earlier version’s of Masimo’s W1 and Freedom health monitoring watches and bands and the design of an original charger were found to have infringed Apple’s D’842 and D’131 design patents.
However, the jury found that one Apple design patent (the ’483 patent) was invalid for obviousness. It was also persuaded that the latest Masimo wave design products did not infringe Apple design patents.
Masimo was ordered to pay Apple, estimated to be worth more than $3.5trn, just $250 in damages, the statutory minimum for patent infringement.
Bloomberg reported on Friday that Apple attorney John Desmarais, New York-based partner at Desmarais LLP, told jurors during his closing argument that “we’re not here for the money”, adding: “We want them to stop copying our design.”
A Masimo spokesperson commented: “No current Masimo product infringed any of Apple’s design patents.” A discontinued model and charger were found to have infringed two Apple design patents.
It added: “Apple primarily sought an injunction against Masimo’s current products, and the jury’s verdict is a victory for Masimo on that issue.”
In an increasingly embattled dispute between the two companies, the US International Trade Commission (ITC) imposed an import ban on certain Apple Watch models last October after Masimo accused the company of infringing its patented pulse oximetry technology in newer versions of the watch.
Apple appealed the import ban, which was temporarily paused last December, but reinstated by a US court in January on Apple Watches that were found to infringe Masimo’s technology.
Apple started selling its newest Watch models – the Series 9 and Ultra 2 – in the US earlier this year without the blood oxygen measuring feature following the ruling.
The tech giant’s appeal is currently pending at the US Court of Appeals for the Federal Circuit.
Email your news and story ideas to: [email protected]
