Apple counters Masimo in court: “W1 an Apple Watch clone”

Apple and Masimo they are making themselves the protagonists of one legal battle rather interesting: in the past few years, Masimo had sued Apple for stealing key employees from it and generally misusing its resources and patents to make the Apple Watch, while now Apple is fighting back by saying that Masimo’s medical smartwatch, which is called W1 , is in fact a clone of the Apple Watch. Perhaps the best way to summarize the highlights of the conflicting relationship between the two companies is by going by points:

• 2013 – Apple asks to meet Masimo for potential collaboration. To put it in context, we are about a couple of years away from the release of the first generation of Apple Watch.
• 2013/2014 – Apple hires several employees of Masimo and its subsidiary Cercacor, including medical expert Michael O’Reilly
• 2014 – Already at the time, in an interview with ReutersMasimo CEO Joe Kiani openly accuses Apple of stealing vast amounts of technology, know-how and “trade secrets” from her with her employees.
• 2020 – Masimo sues Apple for infringing 10 patents, saying in the complaint that the 2013 meetings organized by Apple had served to identify key personnel and steal it from them. The objectives are the blocking of future uses of its patents, the return of confidential information and the payment of damages.

• August 2022 – Masimo launches Masimo W1, a smartwatch with strong medical features, including constant tracking of various vital parameters including blood oxygen saturation, pulse, respiratory rate and in some markets hydration index. This is the company’s first product, very well established and important in the medical sector, aimed at the final consumer.
• October 20, 2022 – Apple denounces Masimo claiming that W1 is in fact a “clone” of its Apple Watch: “instead of innovating and developing a product independently, Masimo copied Apple while filing complaints aimed at withdrawing the Apple Watch from the market,” the lawsuit reads. The response from Masimo spokespersons was not long in coming:

Apple’s stock today is a desperate attempt by the world’s largest company to divert attention from Masimo’s lawsuit. The reality is that the practice of stealing intellectual property instead of competing fairly is well established at Apple.

• October 20, 2022 – On the same day, Apple deposits a second complaint against Masimo who accuses her of infringing five patents, as well as having rather heavily imitated the look and design of the watch.

It’s definitely unlikely that Apple will win a design lawsuit – a rectangular watch doesn’t leave much room for imagination, after all – but the outcome may be less obvious when it comes to technologies and patents.