We are talking about 10 developments patented by Masimo and its subsidiary Cercacor Laboratories in the field of health monitoring that Apple used in the watch. In particular, the trial refers to non-invasive technologies to measure the level of oxygen in the blood and the heart rate. Masimo also said that Apple had attracted key employees from the company, including general manager Michael O’Reilly, who became Apple’s vice president for health technology.
The plaintiffs are asking the court to ban Apple from continuing to use its technology in the Apple Watch. The companies also want Apple to recover the damage and return the illegally obtained data on the plaintiffs’ developments. Also, Masimo and Cercacor Laboratories want the company’s engineers to be included in the list of co-authors of seven patents received by former Cercacor laboratory chief technology officer Marcelo Lamego, who had access to confidential information and obtained patents shortly after its transfer to Apple in 2014.
The Bloomberg report indicates that in 2013 Apple contacted Masimo and offered to negotiate a possible collaboration and integration of Masimo designs into Apple products. After a series of meetings that Masimo deemed fruitful, Apple began to attract employees with valuable information.
Note that this is not Apple’s first charge of technology theft and not the first charge related to the Apple Watch. For example, in December 2019, a New York cardiologist sued Apple, accusing the company of using its patented technology to detect royalty-free heart rhythm failure.