Key Apple Watch technology owned by Sound United parent Company Masimo, was stolen by a former employee a court in the US has ruled now Apple CEO Tim Cook is fighting having to appear in court to explain his involvement.
Masimo who acquired Sound United in 2020 got a favourable ruling against a former employee who was found have stolen numerous company trade secrets which Masimo claims ended up in the Apple watch.
Investigations are currently taking place as to the relationship between Apple CEO Tim Cook and Former Masimo Chief Technical Officer Dr. Marcelo Lamego who has been found guilty of stealing patents.
Apple has a track record of stealing patents.
In the course of discovery on the True Wearables matter, Masimo found a direct communication between Dr. Lamego and Apple CEO Tim Cook – suggesting this alleged strategy of stealing its trade secrets may go right to the top of Apple.
Former Masimo Chief Technical Officer Dr. Marcelo Lamego “misappropriated” numerous defined trade secrets from Masimo involving proprietary technology and algorithms.
He then launched True Wearables, a company offering a non-invasive pulse oximeter based on Masimo’s proprietary technology.
This week a Judge sitting in a Californian Court ruled that True Wearables is now permanently blocked from selling its device, known as Oxxion, that contains the infringing technology.
Since the ruling, the True Wearables website has been taken down with Masimo now moving to sue Apple, it alleges has stolen its technology and infringed on its patents with certain health features utilized in its Apple Watch line.
Following the court case speculation is mounting that Apple could be forced to settle with Masimo in light of the latest ruling and the Judge’s ruling against True Wearables founder Dr. Lamego.
In the ruling Judge Selna found that Dr. Lamego breached his fiduciary responsibilities to Cercacor a US Company and that he violated his Cercacor employment agreements by retaining confidential information and documents and had begun the patent process on at least twelve patents using the stolen trade secrets.
The judge issued a permanent injunction against sales of the Oxxion device as it exists using the stolen trade secrets, ordered the return of all confidential information to Masimo, and ordered Dr. Lamego and True Wearables to abandon its twelve patent applications based on the trade secrets.
The Masimo technology is a single-use pulse oximetry device that was designed for serious athletes that uses adhesive to stick to your body and continuously reads out as you work out to check the oxygen levels in your bloodstream.
After leaving the employment of Masimo Dr Lamego entered into detailed discussions with Apple on a potential partnership or technology licensing arrangement.
Shortly afterwards certain models of Apple Watch were launched with a new capability that allowed owners to measure arterial blood oxygen saturation.
Masimo filed a lawsuit, saying this feature uses stolen proprietary technology.
They also decided to enter the smartwatch category.
Court documents reveal that shortly after Apple terminated the discussions with them, the tech giant took steps to hire a couple of high-level Masimo employees.
One of those employees was Michael O’Reilly, the company’s Executive Vice President for Medical Affairs.
In the latest court case, the Special Master assigned in the Apple matter ruled that Masimo attorneys could depose Cook to explain his relationship with Dr Lamego and how patented technology owned by Masimo came to be built into the Apple Watch.
ChannelNews understands that Apple lawyers fought that deposition request with Cook’s lawyers going to great lengths to prevent Cook from having to explain his own actions as well as the actions of Apple management.
Observers claim that it would be in the best interest of Apple to settle if they don’t want Cook to testify.
Masimo vs Apple is scheduled to head to court in early 2023.
