Judge awards Apple a token $250 in its latest lawsuit against Masimo

AppleInsider

A Delaware jury has found smartwatch maker Masimo guilty of infringing Apple's Apple Watch patents on health technology, but limited it to only older smartwatch models that are no longer sold, and awarded the firm the least damages it legally could.

Apple and Masimo's legal battles have now taken a small step forward

In the suit just decided, Apple accused Masimo in 2022 of infringing two of its own design patents to "make way for its own watch." The jury has now found Masimo guilty of the charge for Masimo's former Freedom and W1 smartwatches, but said the company was not guilty of infringement on any current products.

It awarded Apple a token $250 in damages, the legal minimum for infringement. Apple's attorneys had sought a sales injunction against current Masimo products it said were infringing Apple's patents, but that charge was denied by the jury, Reuters has reported.

Apple said in a statement that it was pleased that the ruling "will protect the innovations we advance on behalf of our customers." Masimo said that "Apple primarily sought an injunction against Masimo's current products, and the jury's verdict is a victory for Masimo on that issue."

Calling Apple's suit retaliatory, Masimo noted that the jury ruled on its behalf on "nearly" all the disputed issues, and that the patent infringement decision applied only "a discontinued module and charger."

Why current Apple Watch models lack blood oxygen readings

The two companies have been embroiled in a fight over smartwatch health technology. Masimo has previously accused Apple of hiring away its employees and copying aspects of its pulse oximetry technology following failed collaboration talks.

Masimo scored a significant victory in its claims in 2023, when the US International Trade Commission temporarily blocked imports of Apple's Series 9 and Ultra 2 watches. Apple is appealing that verdict, but complied with the ITC ruling by disabling the feature in the US.

It was then was able to resume sales of the Apple Watch. Current models of the Apple Watch continue to include the blood oxygen sensing technology, but it remains disabled in the US until the dispute is settled.

Users with older Apple Watch models, up to the Apple Watch Series 8, can still use the disputed blood oxygen measuring feature.

Apple could appeal this most recent decision, forcing the dispute to take longer to resolve. Masimo has now won decisive victories against Apple with both the ITC and a juried trial, which may be enough to get Apple executives to rethink its current legal strategy.

Separately, Masimo's CEO stepped down from the role in September 2024. Joe Kiani's move was not, however, related to the Apple Watch dispute.



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cls9

So when can we expect our blood oxygen app to be restored?

chasm

CLS9 said:

So when can we expect our blood oxygen app to be restored?

You can't. Masimo is not budging, Apple is not budging. Until that changes, it's a stalemate -- with the courts tending to side with Masimo's arguments.

tht

CLS9 said:

So when can we expect our blood oxygen app to be restored?

At the latest, 2027 when Masimo’s patents used in USITC import ban expires. 

If blood oxygen is important to you, I suggest getting a non-USA Apple Watch or a different brand. 

Like in the other threads, I hope Apple never gives Masimo a dime and will continue to sue them.

anilu_777

For your readers outside the United States, the ban and disabling of the blood oxygen feature is US only. In Canada I’m very happily using it with my Series 10. Please include that US only fact in your reporting. 

zeus423

Anilu_777 said:

For your readers outside the United States, the ban and disabling of the blood oxygen feature is US only. In Canada I’m very happily using it with my Series 10. Please include that US only fact in your reporting. 

So if I take a road trip to Canada one day, I could buy a Series 10 with the blood oxygen feature fully functioning?

radarthekat

zeus423 said:

Anilu_777 said:

For your readers outside the United States, the ban and disabling of the blood oxygen feature is US only. In Canada I’m very happily using it with my Series 10. Please include that US only fact in your reporting. 

So if I take a road trip to Canada one day, I could buy a Series 10 with the blood oxygen feature fully functioning?

My series 7, purchased here in The Philippines has the blood oxygen app functional.  

fidonet127

radarthekat said:

zeus423 said:

Anilu_777 said:

For your readers outside the United States, the ban and disabling of the blood oxygen feature is US only. In Canada I’m very happily using it with my Series 10. Please include that US only fact in your reporting. 

So if I take a road trip to Canada one day, I could buy a Series 10 with the blood oxygen feature fully functioning?

My series 7, purchased here in The Philippines has the blood oxygen app functional.  

My series 8 bought in the US has the blood o2 app fully functional. It was only mid series 9 in the US that the o2 functionality was disabled in the US. If one buys a series 10 outside the US for personal use, it will work in the US with O2. 

chasm

zeus423 said:

So if I take a road trip to Canada one day, I could buy a Series 10 with the blood oxygen feature fully functioning?

Yes, that's correct.

charlesn

When is a court victory not a victory? When you've likely spent millions in legal costs and your "win" is $250. Essentially, Masimo got slapped with an NYC parking ticket. Likewise, Masimo spent $100+ million to essentially bloody Apple's nose with the blood ox ban in the U.S., but to no actual financial benefit for Masimo. 

Hard to say if this battle will end before Masimo's patents expire in (I believe) 2028, even with former CEO Kiani out of the picture. My guess is that the loss of blood oximetry in the U.S. has had no more than a rounding error effect on Apple Watch sales, so Apple may wait it out to avoid paying a license fee. The one thing that could force Apple's hand is if it needs blood oximetry working to achieve some other new health tracking feature.

wood1208

Bird in hand is better than (hopefully) two in bush. If apple willing to wait till the end of 2027 to enable oxygen sensor in USA, then Masimo gained nothing, IMO Masimo should settle it and get whatever it can from Apple.