Masimo Chief Executive Officer Joe Kiani who has spent millions of dollars fighting Apple, wants an early Xmas present claiming that he is open to a deal with the iPhone maker, who has been accused of stealing the Companies Blood Oxygen technology for their Apple Watch.
The Apple Watch is set to implement a ban on the Apple watch in the USA from December 24, Apple has already stopped sales at their stores and online, ironically the likes of Best Buy and Walmart are still able to sell the banned Apple Ultra 2 and Series 9 models, what’s not known is whether Apple is able to supply them to third party retailers.
And while other retailers can continue to sell the devices, Apple has told staffers it can’t let people know.
In a memo to customer service agents about the pending sales halt, employees are told not to point shoppers to places where they can buy the devices. “Unfortunately, due to the ongoing legal matter, I am not able to provide you with any information about where you can buy Apple Watch Series 9 or Ultra 2,” they are told to say.
Kiani who also owns the former Sound United claims that he’d be open to settling with the company.
Kiani said “This is not an accidental infringement — this is a deliberate taking of our intellectual property,” Kiani said. “I am glad the world can now see we are the true inventors and creators of these technologies.”
The executive, speaking on Bloomberg TV, said the “short answer is yes,” when asked if he’d settle, but he declined to say how much money he’d seek from Apple.
Kiani said he would “work with them to improve their product.”
“They haven’t called,” he said. “It takes two to tango.”
The International Trade Commission ruled earlier this year that the Apple Watch violates two Masimo patents related to blood-oxygen sensing.
The ITC imposed an import ban on the Ultra 2 and Series 9 models that goes into effect Dec. 25.
Instead of talking to Kiani who Apple appear to not want to benefit from royalty payments, engineers at the company who has a track record of stealing patents, are racing to make changes to algorithms on the device that measure a user’s blood oxygen level — a feature that Masimo has argued still infringes its patents.
According to Bloomberg th’re adjusting how the technology determines oxygen saturation and presents the data to customers.
It’s a high-stakes engineering effort unlike any Apple has undertaken before.
What’s not known is whether it’s legal and whether it still breaches Masimo patents.
The restriction that are now coming into play in the USA, only applies to Apple’s own retail channels.
Joe Kiani claims Apple should apologize for copying patented technology for measuring blood-oxygen levels.
Kiani said he’s willing to work with Apple but hasn’t heard from anyone.
“These guys have been caught with their hands in the cookie jar,” Kiani said.
The medical industry veteran said he last spoke to Apple in 2013, when the iPhone maker discussed acquiring his company or hiring him to help with its in-house technology efforts.
Any settlement talks would need to include an “honest dialogue” and an apology, he said.
An Apple spokesperson said that the ruling from the ITC is erroneous and should be reversed.
The company plans to appeal the decision.
