Arrogant Apple Goes ‘Ape Shit’ Over Watch Ban, With 900+ With Appeal Document That Spews Out Wild Claims Against Masimo & Sonos

Arrogant Apple has taken to telling the US Federal Government what they should have done in the banning of the Apple watch in the USA, a move that obviously upset management late last year, they have also described Masimo as “patent trolls.” And who set a trap that Apple walked into.

Recently Apple, filed a massive appeal with the U.S. Appeals Court in their fight with Masimo over the theft by Apple of Masimo patents relating to Oxygen measurement.

The drama for the giant iPhone Company, unfolded late last year when the United States International Trade Commission (ITC) sided with Masimo and ordered a ban on sales of certain models of the Apple Watch.

Now Apple is claiming that the Trade Commission “…both exceeded its authority and issued a series of flawed substantive rulings.”

Apple also claims that the ruling cannot stand, and they want it flicked ASAP.

Back in October 2023 Masimo who are currently facing their own court room battles succeeded in convincing the ITC, based largely on the ITC’s own detailed investigation, that Series 9 and Ultra 2 models of the Apple Watch infringed on the company’s core pulse oximetry technology.

As a result, the ITC moved quickly and ordered a halt to all imports and a ban on U.S. sales of all Watch models containing the infringing technology.

In mid-January of this year, it was revealed that the Exclusion Order Enforcement Branch of the U.S. Customs and Border Protection – the agency tasked with enforcing ITC bans – had determined that new samples of the Watch provided by Apple were no longer infringing on Masimo’s patents.

Apple who had been in discussions with Masimo over the issue suddenly announced that they had redesigned the infringing model by removing the pulse oximetry technology.

Then the US Court of Appeals ordered Apple to immediately halt the importation and sales of any Apple Watch model that employs the infringing technology, and this seriously upset Apple management who normally like to get their own way.

Now Apple has filed a massive 900+ page appeal in an effort to overturn the ITC ‘s action (which it has previously appealed directly to the ITC after hiring a multitude of lobbyists and potential influencers” in an effort to change their opinion.
In their latest filing Apple is not mincing words claim observers with Apple lawyers claiming that the ITC has exceeded its “statutory authority.”

They also claim that the ITC then compounded issue with “fundamental errors by issuing a series of substantively defective patent rulings.”

They claim that the US Appeal Court “.should correct the Commission’s errors and ensure the agency observes the jurisdictional limitations Congress prescribed.”

In other words, Apple is claiming that the Court should put the ITC in its place.

Apple also claims that the ITC overstepped its statutory bounds but instead of showing where the Commission overstepped those statutory boundary lines it takes aim at Masimo who they describe as a patent troll who laid a trap for Apple to walk into.

They also claim that Masimo management that is led by a very savvy Joe Kiani “pulled the wool over the eyes of the ITC who foolishly (or even ignorantly) stumbled into their trap.

This is the Company that has a track record of stealing patents and being fined billions for their dodgy actions.

Apple even notes as a reference Sonos, Inc. v. Google LLC where a judge found Sonos guilty of abusing the patent system.

This has been described as a clear effort by Apple “to try and paint Masimo with the same bad-boy brush”.

They even admit that getting patented blood oxygen technology into the Apple Watch was no easy feat, they are telling the Court, “…fitting a blood oxygen feature into Watch while adhering to Apple’s meticulous design standards was a technological feat that required tens of thousands of engineer hours.”

Six days after the launch, Apple says, Masimo and Cercacor Labs (a related company) “…brushed off a twelve-year-old patent application and applied for new claims” it says were written “to ensnare Apple’s new Watch.” Masimo then was said to have “rushed to use these…claims” to initiate an investigation by the ITC.

Because the ITC is, according to Apple, “fundamentally a trade forum, not an intellectual property forum,” Masimo was required to show it had an existing item “that practiced [utilized] its asserted patents.”

Apple claims “Masimo had no such article” and so it resorted to “CAD drawings of a supposed ‘Masimo Watch.’ The document alleges that “Masimo ultimately conceded no such item existed,” and therefore, Apple concludes the initial investigation was initiated by “a serious misrepresentation.”

Despite Apple claims Masimo lawyers were able to satisfy the Commission that that their patents met all necessary requirements via other Masimo devices that utilised the Masimo patented technology.

Apple disagrees with the Commission’s decision to accept this – as Apple puts it – “circumstantial evidence” provided by Masimo.

The hearing is yet to be heard.