In 2023, the ITC ruled that Apple Watches infringed on two Masimo patents and issued an exclusion order blocking the import of affected devices into the U.S.
Retrial and Next Steps
The retrial follows an April 2023 jury trial that ended in a hung jury. During that trial, Judge Selna dismissed several of Masimo’s claims, including one involving general business information.
In the retrial, Masimo maintains it took extensive steps to protect its trade secrets, such as confidentiality agreements and access restrictions, and argues that Apple targeted its employees to obtain those secrets. Apple counters that its engineers independently developed the health-sensing features central to the Apple Watch.
Both sides have requested attorney fees, with Apple accusing Masimo of pursuing baseless claims, while Masimo alleges Apple acted with intent to harm.