Think Patents Don’t Have Teeth? Think Again | Woods Rogers Vandeventer Black
The U.S. International Trade Commission (ITC) recently ruled that select Apple watch models infringed on blood oxygen monitoring patents owned by biotech firm Masimo Corporation. As a result, the ITC instituted a ban on importation of Apple Watch Series 9 and Ultra 2 models, and Apple is now selling its affected watches without blood oxygen measuring features covered by the Masimo patents.
Not only did this ruling negatively affect Apple’s stock price and its hold over the smartwatch market, but it also lifted patent holder Masimo’s leverage over Apple for a potential settlement.
Favorably impacted by the ITC ruling, Masimo’s patent portfolio now provides it with an exclusive monetizable asset in relevant industries potentially worth tens or hundreds of millions of dollars in settlement fees, licensing fees, or sales of technology implementing this exclusive technology.
Masimo’s experience proves patent protection can level the playing field, even against global powerhouses like Apple.
