Masimo CEO is willing to talk settlement with Apple but demands an apology first،
Starting Thursday at 3 p.m. EST, the Apple Watch Series 9 and Apple Watch Ultra 2 will no longer be available in U.S. Apple Stores. This is when Apple decided to initiate the US import ban on these devices that had been imposed on them by the International Trade Commission (ITC). An ITC judge has ruled that Apple infringed patents owned by Masimo for the pulse oximeter (aka blood oxygen sensor) used on the three affected Apple Watch models.
Technically, Apple has until December 25, when the presidential review period ends and President Joe Biden has the opportunity to make this whole thing go away by vetoing the ITC sanction. On December 25, unless Biden signs his veto, Apple will no longer be able to sell affected devices online or through resellers in the United States.
Masimo CEO Joe Kiani says any discussion with Apple will have to come through 'honest dialogue'
In addition to relying on the president, which is usually a failed strategy when it comes to ITC action, Apple could try to offer a sort of Hail Mary pass in the form of a software change that would allow the functionality to continue to work accurately without infringing the patents. Last night we forwarded a report from Bloomberg indicating that Apple engineers were hard at work trying to make this happen. However, since the patent is hardware-related, software changes might not take Apple off the hook.
The pulse oximeter on the Apple Watch
Apple could also disable this feature on existing and new models, which we're sure would be unpleasant for the company. And perhaps equally repugnant to Apple, but certainly an option, the tech giant could reach a settlement and license the patents. Last night, Bloomberg reported that the two sides had not met or scheduled a meeting. Apple resorted to something similar in 2019 when it settled with Qualcomm and signed a chip supply deal for the latter's 5G modem chips.
Apple got caught 'hands in the cookie jar,' says Masimo CEO
Masimo is willing to discuss a possible settlement with Apple. This comes from the medical device company's CEO, Joe Kiani. The executive was interviewed by Bloomberg and said the last time he spoke with Apple was in 2013. Kiani says any settlement negotiations should have “honest dialogue” and include an apology. Of Apple, Masimo CEO said, “These guys were caught with their hands in the cookie jar. »
It is obvious that any discussion between Apple and Masimo would not be warm or friendly. “This is not an accidental violation, but a deliberate appropriation of our intellectual property,” Kiani said. “I am happy that the world can now see that we are the true inventors and creators of these technologies.” The executive also believes that Apple's decision to stop selling specific models of Apple Watch days before Biden makes his decision is a “stunt” intended to pressure the president into vetoing to the import ban.
Apple has already adjusted signage in US Apple Stores due to the ban, removing images from the Apple Watch Series 9 and the Ultra 2 from promotional photos placed in stores.
Kiani says that if Apple had manufactured the Apple Watch and all the necessary components in the United States, there would be no question of an import ban. This gave the CEO the opportunity to point out that Masimo manufactures its products in the United States.
Apple says it believes Masimo started the legal battle to help it launch its own smartwatch that Apple says is a copy of the Apple Watch.
