Masimo Corp., a medical technology company. and her daughter Cercacor Laboratories Inc. have accused Apple of stealing a trade secret. In a lawsuit, the proceedings which are pending in the District Court
California, Masimo, and Cercacor Laboratories are seeking a ban on the sale of Apple Watch 4 and Apple Watch 5 watches, as well as damages.
The lawsuit accuses Apple of misappropriating and using technology related to health monitoring and of misusing Masimo’s inventions in the Apple Watch smart watch.
Apple is accused of infringing 10 patents. Among them is a patent for non-invasive monitoring technology using light, which allows measuring blood oxygen levels and frequency
heart rate with the help of light emitters and detectors. These technologies, according to representatives of Masimo and Cercacor Laboratories, are used today in Apple Watch smart watches
Series 4 and 5, equipped with electrical and optical heart rate and heart rate sensors.
This was reported in January by Bloomberg.
The history of the collaboration that ended with a headhunting
According to claimants, Apple has access to classified information Masimo and Cercacor Laboratories in the guise of a working relationship. In a lawsuit, representatives of companies
said that in 2013, Apple turned to Masimo with a proposal for potential cooperation. It meant that Apple experts would study Masimo’s development technologies as well
then, upon reaching all the necessary arrangements, they integrate them into Apple products.
However, while Masimo managers were discussing the results of fruitful negotiations, Apple has enticed two potential experts from its potential partners, who, according to
had access to confidential information. Michael O’Reilly, chief medical officer of Masimo Corporation, has been offered the chair of Apple’s Vice President
on health technologies. A few months later, Apple made an offer to Marcelo Lamego, a former Masimo scientist who headed the Chief Technology Officer
technology officer) at Cercacor Laboratories, and he also accepted it.
Shortly after he started working for Apple, Marcelo Lamego began patent applications for the technology he received during his work at Masimo and Cercacor Laboratories. According to the plaintiffs
In her lawsuit, Apple knew that O’Reilly and Lamego were receiving sensitive information, but were receiving it purposefully. That’s why companies have warned Apple about having to respect them
Ban on Apple Watch
According to media reports, today Masimo and Cercacor Laboratories are seeking opportunities to block the use of their patented inventions and technologies in “smart watches” and are demanding a return
confidential information and compensation for “undetermined” damage, the amount of which is yet to be estimated. Given that, the business line of business, including the Apple Watch, Apple TV and Beats headphones, is
The most recent fiscal year ending September 2019 has seen the most dynamic growth and brought in more than $ 24 billion in sales, and the amount of compensation that claimants can claim will
quite likely, significant.
In addition, Masimo and Cercacor Laboratories require their engineers to be among the authors of the patent applications that Marcelo Lamego received from his start-up at Apple. This would make the company
holders, or at least co-owners, of seven patents and applications currently owned by Apple.
The story with the prologue
According to media reports, this lawsuit is not the first in the history of Apple and its smart-hours. For example, as reported by Bloomberg in another publication, several months
Earlier, a lawsuit against a technology corporation was filed in U.S. District Court for the Eastern District of New York (Brooklyn) by cardiologist Joseph Wiesel, a medical school teacher
New York University.
According to the doctor, Apple Watch illegally used atrial fibrillation detection technology to monitor irregular heartbeat rhythms,
patented by him. According to Joseph Wiesel, in September 2017, he filed a complaint with Apple, providing details of his patent, but the corporation refused to keep him
talks. The cardiologist now intends to bring an injunction against the use of his invention, as well as a decision to pay him appropriate compensation from Apple.
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