Apple accused of infringing Masimo and Cercacor patents to design its Watch

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Apple is accused of having stolen certain technologies exploited by its smart health connected watch from companies specializing in the measurement of health data. These require that Watch Series 4 and 5 be prohibited from sale.

Masimo Corp. and its subsidiary Cercacor Laboratories accuse Apple of having copied some of their technologies and infringed patents to design its Watch. These companies specializing in the analysis of signals from vital constant tracking devices had links with Apple. It was during professional exchanges dating back to 2013 that the Cupertino company could have got hold of certain industrial secrets, knowing that it ended up poaching several key Masimo employees, including Michael O'Reilly (who later became Apple vice president of health technology).

A total of ten patents were allegedly infringed. They essentially protect technologies that make it possible to track certain health information in a non-invasive manner by using various light emitters and signal sensors. Two are mainly cited by Masimo in his complaint, concerning the measurement of heart rate and that of the level of oxygen in the blood.

In conclusion of the complaint filed in court, Masimo requests that the Apple Watch Series 4 and 5 be prohibited from sale, and that all confidential technologies stolen by Apple be returned, in addition to damages (of an unspecified amount ).

Two defectors in the viewfinder

According to Masimo, interviews with Apple executives were organized at the request of the electronics giant to “Better understand the capabilities of Masimo technologies and possibly integrate them into Apple products”. No follow-up was given in this regard, but Apple recruited Michael O'Reilly shortly after, before hiring Marcelo Lamego, Cercacor's technical director and former Masimo scientist, the following year.

Both had obviously had access to a lot of confidential information within their former companies. Marcelo Lamego has even filed several patent applications on behalf of Apple on work undertaken previously. It was then that Masimo and Cercacor began to approach Apple to demand respect for their intellectual properties.

Not the first complaint

It is understandable in these conditions that Masimo and Cercacor also seek to add the names of some of their scientists and engineers on seven patents granted to Marcelo Lamego, which would make the two companies co-holders of these patents and would open the right to royalties for them.

A few weeks ago, we learned that a New York cardiologist sued Apple about royalties that he considers to be entitled to touch on a functionality allowing to notify the users of Apple Watch in the event of arrhythmia.

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