Masimo recently reportedly spent around $100 million in a patent infringement battle against the world's most valuable companies. The health technology company recently won a sales ban on Apple Watch in the United States, so any model with a blood oxygen monitor cannot be sold in the United States. But even if Apple is proven to have stolen patented technology developed by another company, with its vast resources and legal armies, it can swamp rivals with legal fees and other costs, ultimately forcing them to abandon court battles.
Not so Masimo, because in addition to having millions in the bank, it has won two past patent infringement cases, which will likely give its CEO Joe Kiani enough leverage to launch a legal battle against the multi-trillion-dollar tech giant.
In a patent infringement case, Masimo successfully obtained a licensing agreement that netted the company more than $1 billion.
According to the Wall Street Journal, Masimo will earn a total profit of approximately $144 million in 2022, so it can be said that the company has some cash reserves to fight Apple. However, Kiani's friends and employees warned him that continuing to fight the lawsuit would be risky, and some even called him crazy. A lack of support from peers and a tight-knit group of individuals would naturally lead to low morale for Kiani, but Masimo's past wins may have given the CEO enough confidence.
Back in 2006, Masimo won a seven-year patent battle with Nellcor, followed by a patent infringement battle with Royal Philips of the Netherlands in 2016. Masimo was reportedly awarded $800 million in damages and royalties in its lawsuit with Nellcor, and about $300 million in damages and more than $1 billion in licensing agreements with Royal Philips. Kiani has previously said he is open to settlement talks with Apple, suggesting Apple also intends to pay the latter millions of dollars and potentially secure a licensing deal that would eventually resume Apple Watch sales.
The U.S. Court of Appeals for the Federal Circuit has lifted the ban until January 10, but as time goes by, Masimo has more and more chips against Apple. Therefore, at this moment, Masimo is definitely sure of victory. Like Qualcomm, Apple could give up its ego and gain a business ally on another occasion.