pgkavana

chasm said.

This is an interesting theory of yours, but it’s almost certainly not correct.

Apple certainly did poach the Masimo staff who helped that company develop its pulse oximetry technique, but Apple would have instructed them to come up with a different technique that does not violate existing Masimo patents of that time. That’s key.

This is the same modus operandi that Apple has used with other employees hired away from companies that hold patents on their work, since if they just copied their old company’s patents, the employee themselves could also be sued for revealing trade secrets.

So your theory seems unlikely, to put it mildly.

The judges and Masimo seem to agree, but they can't prove it. 
Apple and the ex Masimo employees failed to come up a solution that avoids Masimo's patents hence the court case. 

Apple up to now have used it huge bank of lawyers and money to bully anyone they want. 

But you have to read between the lines. Big companies do it all the time. 

InspiredCode said:

pgkavana said:

A couple of years ago Apple, poached a team from Masimo. Not illegal. 

A couple of years later apple by way of a coincidence had a technology that infringed on Masimo technology. 

One of three things happend. 

1) Apple accidentally copied Masimo technology. 
2)  The team apple poached refreshed it knowledge of Masimo technology. Without apple knowledge. 
3) Apple told their poached team that we hired you to copy it so do it. 

I think Apple thinks it has so much money it can push anyone out of its way. 

Anyone who think Masimo technology is the same as the junk you buy for $30 on Amazon is sniffing glue. 


The fact that the team from Masimo was able to recreate a technology that they developed at Masimo years later at apple. Should be all the judge needs to hear.

Poaching is legal between two California companies.

The time span was about 10 years, not a few years.

The patent in question was filed by Masimo right after the series 6 was released as a continuation of another 13 year old patent. It looks remarkably like Apple’s Watch more-so then the Masimo watch.

It looks like found out about technology that Masimo was under utilising. 
Poached the people that developed it and got them to do it again. 

It doesn't matter if the patent was 13 years old. It was still valid and still belonged to Masimo.

Masimo was caught with their pants down and only realised what apple did once the 6 was released. 

A couple of years ago Apple, poached a team from Masimo. Not illegal. 

A couple of years later apple by way of a coincidence had a technology that infringed on Masimo technology. 

One of three things happend. 

1) Apple accidentally copied Masimo technology. 
2)  The team apple poached refreshed it knowledge of Masimo technology. Without apple knowledge. 
3) Apple told their poached team that we hired you to copy it so do it. 

I think Apple thinks it has so much money it can push anyone out of its way. 

Anyone who think Masimo technology is the same as the junk you buy for $30 on Amazon is sniffing glue. 


The fact that the team from Masimo was able to recreate a technology that they developed at Masimo years later at apple. Should be all the judge needs to hear.

Reading into this, Apple look underhanded.

Apple hired away a ton of Masimo's staff. 

All of a sudden a technology appears in a Apple product that Masimo's appears to have developed. 
Four  options.

1) apple hired them away and instructed them to copy the technology. Then use Apples huge bank of lawyers and money to squash the smaller company.


2) these new hires decided to copy Masimo's technology without Apple's knowledge and pass it off as new. 

3) It was developed it independently and it is a coincidence. 

4) Masimo's is wrong. 


My money is on one or two.