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153

Why Masimo thought it could take on Apple (www.theverge.com)

submitted 10 months ago by AnActOfCreation to c/[email protected]

24 comments fedilink hide all child comments

• Medical device maker Masimo is confident it can win its legal battle against Apple over a feature on the Apple Watch, citing previous victories against True Wearables, a startup run by a former Apple executive.

• Masimo alleges that Apple couldn't have developed certain watch technologies without the help of Marcelo Lamego, who previously worked at both Masimo and Apple.

• Masimo CEO Joe Kiani accuses Apple of a deliberate infringement of intellectual property, resulting in an import ban on certain Apple Watch models, which has been temporarily paused pending further review.

all 25 comments

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[–] [email protected] 80 points 10 months ago (1 children)

Masimo is definitely in the right here.

Apple has pulled this same scam on their vendors a dozen times before.

Whether Apple will pay up remains to be seen.

[–] [email protected] 5 points 10 months ago

Masimo is definitely in the right here.

Maybe but the story also says the guy in question only lasted a few months at Apple and that was years before the device existed. I don’t see how that guy could have had any impact

[–] [email protected] 41 points 10 months ago (1 children)

That’s when Lamego went on to start his own company, True Wearables, which Masimo claimed used its technology when developing the Oxxiom, a wireless and disposable pulse oximeter.

Excuse me, a wireless and disposable pulse oximeter?

I wouldn't be surprised if this Marcelo person is a millionaire with that kind of twisted thinking. Disposable vapes are bad enough - those devices literally contain rechargeable Lipo batteries, and now this individual starts his own company and one-ups that with disposable, wireless medical equipment?

Just wow

[–] [email protected] 54 points 10 months ago* (last edited 10 months ago) (1 children)

They were designed for usage at scale in settings where cleaning and sterilization wouldn't be possible and the risk of infectious disease is high. Think refugee camps, battlefield hospitals, etc.

[+] [email protected] -6 points 10 months ago (2 children)

So design one that's easily cleaned. E.g. you throw it in a bucket of chemical X for 15 minutes. Battle field hospitals would rather have 50 cleanable items than 5,000 disposable ones. Far easier to transport.

[–] [email protected] 12 points 10 months ago (2 children)

If it’s that easy, why aren’t you doing it right now and making billions?

[–] [email protected] 5 points 10 months ago

I think, for once, you should be humble and accept that... maybe.... just maybe.... this medically qualified material scientist shit posting on the internet knows what they are saying.

[–] [email protected] -4 points 10 months ago (1 children)

He's not an ex-Apple exec with ex-Apple exec boatloads of money to do it. Or with ex-Apple exec venture capitalist friends to do the money part for him.

It's not about it being easy or hard. It's about having the backing to do it.

[–] [email protected] 5 points 10 months ago

Looks at the training and schooling requirements for medical and technical degrees. Not to mention the years of experience and industry connections necessary to launch and manage a start up let alone bring a product to a highly regulated market.

I think there may be a little more to it than just the backing.

[–] [email protected] 12 points 10 months ago (1 children)

5,000 disposable items usually fit in a box. Wanna guess how big that autoclave you'd need would be? Cos there ain't many pieces of medical equipment that you're gonna get away with just chucking it in a bucket of cleaner for 15mins. Cos, ya know, the chance of a patient dying due to equipment that is dirty is pretty fucking high in most permanent hospitals, let alone in a literal jungle. So, yeah, you're gonna need more than a bucket and a bottle of bleach.

Also, battlefield hospitals are generally well supplied. They might miss a shipment or two, but generally most will arrive. I mean, you have issues when a literal city is being besieged, but otherwise? They'll be fine. Can't really run an army without shit to patch up the inevitable bullet holes. Plus the patients need food and water too. All shit that ensures the mitary keeps their field hospitals as well supplied as they can.

[–] [email protected] 23 points 10 months ago (2 children)

What is the invention here? Infrared SPOx meters have been around forever, and wireless is a standard way to communicate data now. Didn't Fitbits do all this stuff at least a decade ago?

[+] onlinepersona 26 points 10 months ago (1 children)

[removed by mod]

[–] [email protected] 5 points 10 months ago (2 children)

CC BY-NC-SA 4.0

Do you have the right to license your Fediverse comments like this?

[–] [email protected] 3 points 10 months ago (1 children)

Wait, their comment was removed because they tried to copyright it? I’ve seen some bonkers things online in my day, but legally protecting your brain fart on Lemmy is a new one.

[–] [email protected] 4 points 10 months ago

their comment was removed

Hah, didn’t see that coming.

legally protecting your brain fart on Lemmy is a new one

It does feel a little “sovereign citizen”-y, but I’m guessing based on the general sentiment around here that they want to discourage scraping Lemmy for LLM training data. It’s an… interesting… tactic though, as I would imagine most instances give themselves exclusive control over content licensing. I’m kind of curious how copyright would be applied in a federated network, though: would instances apply a license to incoming data, leaving other instances with the responsibility of defederating from them if they don’t agree with the license, or would the instance apply a license to outgoing data, forcing other instances to either comply or defederate?

[–] [email protected] 1 points 10 months ago (2 children)

If it's a creative work then you get the Copyright on it, and can release it as you like. The work must meet a required level of creativity to qualify.

If people want to try and license their posts, why would instance owner care?

[–] [email protected] 1 points 10 months ago* (last edited 10 months ago) (1 children)

I’m not questioning that so much as… can’t instances force you to license your content to them in the same way Reddit does, potentially one that is incompatible with the NC and SA designations?

[–] [email protected] 1 points 10 months ago

I don't recall agreeing to terms like that but at the end of the day they don't have to host any posts. If I thought they banned posting works with our choice of license that would be a red flag for me.

Sadly it seems licenses can be ignored when used for machine learning, it's only if they end up reposting copyrighted material rather exactly.

[–] [email protected] 1 points 10 months ago* (last edited 10 months ago)

Roses are in, violets are out, perhaps this is such creative, but I have much doubt.

Work by tabular. License: CC BY-SA 4.0

[–] [email protected] 9 points 10 months ago

Infrared SPOx meters have been around forever

Reflectance based pulse oximeters have only been commercialized in the last decade or so. The transmissive ones that shine IR through tissue (where the IR source and the IR sensors are on opposite sides of a fingertip or earlobe) have been around for decades, but a one-sided pulse oximeter that maintains accuracy with movement is basically a recent invention.

[–] [email protected] 7 points 10 months ago

This is the best summary I could come up with:

And there’s a good reason Masimo might believe that: the company came out on top when it sued True Wearables, a startup run by a former executive with a stint on the Apple Watch team, on similar grounds.

Well, the pulse oximeter tech isn’t the only parallel between Masimo’s cases against True Wearables and Apple: before starting True Wearables, founder and CEO Marcelo Lamego worked at both Masimo and Apple, where he helped develop similar technologies.

He also worked closely with the team that developed non-invasive sensors and monitors for vitals like blood oxygen levels.

However, as pointed out by Bloomberg, Lamego left Apple mere months after joining because he “clashed with managers, demanded multimillion-dollar budgets and wanted the ability to hire his own engineers without approval.” That’s when Lamego went on to start his own company, True Wearables, which Masimo claimed used its technology when developing the Oxxiom, a wireless and disposable pulse oximeter.

One of those employees is former Masimo executive Michael O’Reilly, who started at Apple in 2013 and currently works on the company’s Health Special Projects team, according to his LinkedIn profile.

One year after its win against True Wearables, Masimo CEO Joe Kiani is turning up the heat on Apple.

The original article contains 886 words, the summary contains 205 words. Saved 77%. I'm a bot and I'm open source!

[–] [email protected] 5 points 10 months ago

This is a bit of misdirection. This is a patent issue not a stolen IP issue.
What's the difference? IP is secret. Patents are public. Published by the Government for all to see.

This would lead the reader to believe that the issue at hand is Apple was trying to steal secrets from Masimo.

The issue at hand is a patent violation: Apple using Masimo patents in its product. Masimo claims 5 patents were infringed ( used without permission or licensing ). On Jan 10th, the Judge found that Apple had indeed infringed on a Masimo Blood Oxygen Patent.

[–] [email protected] 1 points 10 months ago

They're not going to win. Apple is going to offer a settlement to save time and money. If Masimo refuses it, Apple will drag it out in court until Masimo runs out of money.