Masimo v Apple – Beware of New Functionality
by Michael Antone, Counsel
The convergence of health and fitness technology and consumer electronics has created a massive market opportunity. A prime example of the opportunity brought about by this convergence is the smart watch industry.
Smart watches were initially a niche market, but the introduction of health and fitness technologies has reshaped the watch industry with players racing to provide new functionality in their watches. The smart watch race has resulted in an intellectual property (IP) collision between the industries.
One of the most high profile collisions is between Masimo Corporation and Apple Inc. over blood-oxygen technology. On November 14, 2025, a federal jury returned a $634 million verdict in favor of Masimo (Masimo Corp. v. Apple Inc., No. 8:22-cv-00023 (C.D. Cal.)). The jury found that certain Apple Watch models infringed Masimo’s U.S. Patent No. 10,433,776, which covers aspects of low-power, light-based pulse-oximetry systems used to measure blood-oxygen levels and detect specific physiological events.
This verdict follows an earlier decision on October 26, 2023 by the U.S. International Trade Commission (ITC), Inv. No. 337-TA-1276, finding that some Apple Watch models infringed Masimo’s U.S. Patent No. 10,912,502 and 10,945,648 and issuing a limited exclusion order preventing the importation of some Apple smart watches. Given that Apple produces most of its outside of the US, the exclusion order effectively stopped the sale of the infringing watches. Also on November 14, 2025, the ITC granted Masimo’s petition for a combined modification and enforcement proceeding to determine the whether the Apple Redesign 2 Watch should be excluded under the terms of the current limited exclusion order.
For business owners, especially those looking to expand their offerings, the Apple-Masimo litigation serves as a high profile reminder of the need to assess the IP impact of their product and service roadmap. For example:
- Are there patents in adjacent or overlapping industries that could apply to our technology?
- Would a freedom-to-operate analysis help clarify our risk profile?
- Should we assess whether licensing opportunities or partnerships make sense early in development?
- Do our internal teams understand the relevant IP landscape when planning features or technical approaches?
Taking time to evaluate these questions can help reduce unexpected challenges and support smoother product development and introduction. A proactive intellectual property strategy is valuable not only for large companies but for businesses of all sizes pursuing innovation.
While this task may seem daunting, Nemphos Braue attorneys are here to help you manage the risk of expanding a product offering so business owners can focus on expanding their business. Contact us to learn more.
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