United States International Trade Commission Issues Exclusion Order for Infringing Apple Watches, Finding that Apple Violated U.S. Trade Laws
Masimo (NASDAQ: MASI) today announced that the United States International Trade Commission (USITC) has recommended a limited exclusion order for infringing Apple Watches with light-based pulse oximetry functionality. The USITC found that Apple (NASDAQ: AAPL) violated U.S. laws by incorporating Masimo’s patented light-based pulse oximetry technology in its products. The exclusion is scheduled to go into effect after a 60-day Presidential review period.
“Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law,” said Joe Kiani, Founder, Chairman, and CEO of Masimo. “This important determination is a strong validation of our efforts to hold Apple accountable for unlawfully misappropriating our patented technology,” added Mr. Kiani.
Comments from two dozen academic institutions, leading antitrust and intellectual property scholars, physicians, investors, nonprofits, and members of Congress were filed in support of the public’s interest in the exclusion order. These comments conveyed a similar message: to protect innovation, such as Masimo’s technology, and to protect public health, it is necessary to preserve incentives to innovate and protect intellectual property and fair competition.
In its comment submitted to the ITC, the Consumer Federation of America stated, “There is no greater offense to both the antitrust and intellectual property law than when a dominant firm infringes the patent of a smaller rival, who is an actual or potential competitor. In this case, as in the other cases involving Apple’s egregious abuse of market power, the harms far outweigh the benefit. In fact, because competition will swiftly replace any services or products that Apple is no longer able to deliver because of the remedy, there will be little harm and a great deal of benefit for consumers and the economy.”
@Masimo | #Masimo
Masimo (NASDAQ: MASI) is a global medical technology company that develops and produces a wide array of industry-leading monitoring technologies, including innovative measurements, sensors, patient monitors, and automation and connectivity solutions. In addition, Masimo Consumer Audio is home to eight legendary audio brands, including Bowers & Wilkins, Denon, Marantz, and Polk Audio. Our mission is to improve life, improve patient outcomes, and reduce the cost of care. Masimo SET® Measure-through Motion and Low Perfusion™ pulse oximetry, introduced in 1995, has been shown in over 100 independent and objective studies to outperform other pulse oximetry technologies.1 Masimo SET® has also been shown to help clinicians reduce severe retinopathy of prematurity in neonates,2 improve CCHD screening in newborns3 and, when used for continuous monitoring with Masimo Patient SafetyNet™ in post-surgical wards, reduce rapid response team activations, ICU transfers, and costs.4-7 Masimo SET® is estimated to be used on more than 200 million patients in leading hospitals and other healthcare settings around the world,8 and is the primary pulse oximetry at 9 of the top 10 hospitals as ranked in the 2022-23 U.S. News and World Report Best Hospitals Honor Roll.9 In 2005, Masimo introduced rainbow® Pulse CO-Oximetry technology, allowing noninvasive and continuous monitoring of blood constituents that previously could only be measured invasively, including total hemoglobin (SpHb®), oxygen content (SpOC™), carboxyhemoglobin (SpCO®), methemoglobin (SpMet®), Pleth Variability Index (PVi®), RPVi™ (rainbow® PVi), and Oxygen Reserve Index (ORi™). In 2013, Masimo introduced the Root® Patient Monitoring and Connectivity Platform, built from the ground up to be as flexible and expandable as possible to facilitate the addition of other Masimo and third-party monitoring technologies; key Masimo additions include Next Generation SedLine® Brain Function Monitoring, O3® Regional Oximetry, and ISA™ Capnography with NomoLine® sampling lines. Masimo’s family of continuous and spot-check monitoring Pulse CO-Oximeters® includes devices designed for use in a variety of clinical and non-clinical scenarios, including tetherless, wearable technology, such as Radius-7®, Radius PPG®, and Radius VSM™, portable devices like Rad-67®, fingertip pulse oximeters like MightySat® Rx, and devices available for use both in the hospital and at home, such as Rad-97®. Masimo hospital and home automation and connectivity solutions are centered around the Masimo Hospital Automation™ platform, and include Iris® Gateway, iSirona™, Patient SafetyNet, Replica®, Halo ION®, UniView®, UniView :60™, and Masimo SafetyNet®. Its growing portfolio of health and wellness solutions includes Radius Tº®, Masimo W1™, and Masimo Stork™. Additional information about Masimo and its products may be found at www.masimo.com. Published clinical studies on Masimo products can be found at www.masimo.com/evidence/featured-studies/feature/.
RPVi has not received FDA 510(k) clearance and is not available for sale in the United States. The use of the trademark Patient SafetyNet is under license from University HealthSystem Consortium.
- Published clinical studies on pulse oximetry and the benefits of Masimo SET® can be found on our website at http://www.masimo.com. Comparative studies include independent and objective studies which are comprised of abstracts presented at scientific meetings and peer-reviewed journal articles.
- Castillo A et al. Prevention of Retinopathy of Prematurity in Preterm Infants through Changes in Clinical Practice and SpO2 Technology. Acta Paediatr. 2011 Feb;100(2):188-92.
- de-Wahl Granelli A et al. Impact of pulse oximetry screening on the detection of duct dependent congenital heart disease: a Swedish prospective screening study in 39,821 newborns. BMJ. 2009;Jan 8;338.
- Taenzer A et al. Impact of pulse oximetry surveillance on rescue events and intensive care unit transfers: a before-and-after concurrence study. Anesthesiology. 2010:112(2):282-287.
- Taenzer A et al. Postoperative Monitoring – The Dartmouth Experience. Anesthesia Patient Safety Foundation Newsletter. Spring-Summer 2012.
- McGrath S et al. Surveillance Monitoring Management for General Care Units: Strategy, Design, and Implementation. The Joint Commission Journal on Quality and Patient Safety. 2016 Jul;42(7):293-302.
- McGrath S et al. Inpatient Respiratory Arrest Associated With Sedative and Analgesic Medications: Impact of Continuous Monitoring on Patient Mortality and Severe Morbidity. J Patient Saf. 2020 14 Mar. DOI: 10.1097/PTS.0000000000000696.
- Estimate: Masimo data on file.
This press release includes forward-looking statements as defined in Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, in connection with the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on current expectations about future events affecting us and are subject to risks and uncertainties, all of which are difficult to predict and many of which are beyond our control and could cause our actual results to differ materially and adversely from those expressed in our forward-looking statements as a result of various risk factors, including, but not limited to: risks related to further proceedings, including the Presidential review period and any appeals, as well as other factors discussed in the "Risk Factors" section of our most recent reports filed with the Securities and Exchange Commission ("SEC"), which may be obtained for free at the SEC's website at www.sec.gov. Although we believe that the expectations reflected in our forward-looking statements are reasonable, we do not know whether our expectations will prove correct. All forward-looking statements included in this press release are expressly qualified in their entirety by the foregoing cautionary statements. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of today's date. We do not undertake any obligation to update, amend or clarify these statements or the "Risk Factors" contained in our most recent reports filed with the SEC, whether as a result of new information, future events or otherwise, except as may be required under the applicable securities laws.
To view this piece of content from cts.businesswire.com, please give your consent at the top of this page.
About Business Wire
(c) 2018 Business Wire, Inc., All rights reserved.
Business Wire, a Berkshire Hathaway company, is the global leader in multiplatform press release distribution.
Subscribe to releases from Business Wire
Subscribe to all the latest releases from Business Wire by registering your e-mail address below. You can unsubscribe at any time.
Latest releases from Business Wire
11 Winners Recognised at Zayed Sustainability Prize Awards Ceremony held during COP28 UAE2.12.2023 03:15:00 CET | Press release
His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the UAE, today awarded the winners of the Zayed Sustainability Prize, the UAE’s pioneering global award in sustainability and humanitarianism, during a ceremony held at COP28 UAE in Expo City Dubai. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20231201649250/en/ 11 winners of the Zayed Sustainability Prize Recognised at COP28 (Photo: AETOSWire) The Ceremony was attended by numerous heads of delegations participating in COP28, ministers, senior government officials, and Prize winners and finalists. His Highness congratulated the winners, praising their efforts in promoting sustainability and encouraging them to continue their important contributions in this field. His Highness emphasised that the UAE is steadfast in building upon its established legacy in sustainability, a foundation laid by the country’s Founding Father, the late Sheikh Zayed bin Sultan Al Nahyan.
Zextras Introduces Carbonio - A Private Digital Workplace1.12.2023 16:07:00 CET | Press release
Zextras, the leading email and collaboration solutions provider, introduced Carbonio - a private digital workplace for the public sector and regulated industries. Carbonio emerges as an exceptional solution for the public sector, enabling them to implement an extensive digital workspace for their internal teams and stakeholders. Delivering a suite of features that are not only comprehensive but also fully customizable, from emails and calendars to video meetings and file storage, Carbonio allows for superior adaptation to any unique technical requirements or business objectives. It is equally enticing for regulated industries to enhance their operations by providing secure software solutions tailored to meet the distinct security needs of their country and respective states. The platform is rooted in robust compliance with global data protection regulations, including the European General Data Protection Regulation (GDPR). This fosters a secure digital environment for users, ensuring t
Beyond Medtech: Healthcare + Expo Taiwan Sets New Stage for Global Innovation in Future AI Healthcare1.12.2023 16:00:00 CET | Press release
The Healthcare+ Expo Taiwan, currently taking place at Nangang Exhibition Hall 1 from November 30 to December 3, 2023, is poised to redefine the landscape of AI healthcare on a global scale. This year's edition boasts the remarkable participation of 650 companies, occupying 2,300 booths, and has garnered the attention of leading technology firms and hospitals across the Asia-Pacific region. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20231201062013/en/ Expand businesses into growing markets in the APAC region with Healthcare+ Expo Taiwan. Join medical institutes and companies in the fields of medtech, biotech and healthcare to promote products, build partnerships and seize supply-demand opportunities. (Graphic: RBMP & IBMI) Taiwan's pivotal role in the AI-related supply chain is underscored by its impressive contribution, manufacturing AI chips, and over 90% of the world's AI servers. This proficiency positions Taiwan as a
International Sustainable Forestry Coalition Welcomes New Member, Sumitomo Forestry1.12.2023 15:31:00 CET | Press release
In September 2023, an international group of leading sustainable forestry companies launched the International Sustainable Forestry Coalition (ISFC) to support an increased contribution of the forestry sector to the transition to a sustainable society. Today the ISFC is delighted to announce that Sumitomo Forestry has joined the coalition. Sumitomo Forestry, headquartered in Tokyo, Japan, is a globally respected forestry sector leader with a long and honourable history. The Company’s history dates back to the seventeenth century when the Sumitomo family opened a copper mine in the Southern part of Japan and sourced timber for fuel and construction as well. Now, the company operates across the forestry value chain from forestry management, to wood processing, trading, wooden construction and biomass power generation. The firm is pursuing a long-term vision for the role of the forestry sector in the decarbonized society. Sumitomo Forestry manages sustainable working forests in Japan, Ind
Ant Group unveils "Fight Plastic for Nature" Action Initiative at COP281.12.2023 14:09:00 CET | Press release
In a pivotal move to address plastic pollution and promote nature conservation, the Ant Forest Foundation, established by Ant Group and its affiliates, today announced the launch of the "Fight Plastic for Nature" Action Initiative. The initiative was announced during the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change in Dubai, United Arab Emirates at the IUCN Pavilion. The International Union for Conservation of Nature (IUCN) will provide tools and standards to measure the reduction in plastic pollution and its positive impact on biodiversity. Additionally, the IUCN will share and promote best practices in plastic emission reduction across the plastic life cycle. This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20231201206207/en/ During COP28, Ant Group unveiled Fight Plastic for Nature Action Initiative with partners at IUCN Pavilion on Dec.1, 2023 in Dubai, UAE (Photo: Busin