Re: Live by the sword...
@Dan 55 thanks for posting the archive link so those who can't view my link can see how Apple operate.
I found the article when I was searching for background on the ITC ruling as this article was the first I had heard of this dispute. The first legal action started in 2020 and there have been at least 2 trials one found in Masimo favor (being appealed by Apple) and one was a mistrial (hung jury).
I agree the way Apple operate is despicable, but what none of the articles I have read point out is that Apple released their watch knowing that it infringed Masimo's patents. It would be impossible for Apple not to know, having employed 30 of Masimo employees one of which was Masimo's chief medical officer who's name is on some of those patents. Apple may claim that the patents are overly broad etc. and seek to invalidate them. But if Apple believed the patents are invalid why did they not file petitions to the patent appeal board seeking to invalidate them in the preceding 5 years before they went to market.
That would be both easier and less costly for Apple. If the are upheld then Apple have to design around them or license, if they are invalidated then Masimo can't sue Apple. But it would also be less costly for Masimo and Apple don't want that. They want to drag it out make it cost Masimo so much to defend their patents they will not be able to afford it and have to give up even if the patents are valid.