A
Masimo spokesperson said in a statement that the company was
"disappointed that the jury was unable to reach a verdict" but
intends to retry the case.
The jury in federal court in Santa Ana had been asked to
determine whether Cupertino, California-based Apple misused
confidential information from Masimo related to the use of light
to measure biomarkers including heart rates and blood-oxygen
levels.
The jury began deliberating on April 26 after a trial lasting
about three weeks before U.S. District Judge James Selna.
Apple said in a statement that it "deeply respects intellectual
property and innovation and does not take or use confidential
information from other companies," and will ask the court to
dismiss remaining claims in the case.
Irvine, California-based Masimo and its spinoff Cercacor
Laboratories Inc sued Apple in 2020, accusing it of stealing
trade secrets and using them to create and sell several Apple
Watch models.
The lawsuit claimed Masimo representatives met with Apple in
2013 about integrating its inventions into Apple products and
that Apple subsequently hired away two executives - one from
Masimo and one from Cercacor - and used their knowledge to copy
the technology.
Masimo asked for more than $1.8 billion in damages, reduced from
its initial request for $3.1 billion after the judge dismissed
some of its trade-secret claims during trial.
Apple in a court filing called Masimo's lawsuit a "maneuver to
clear a path" for its own smartwatch. Apple sued Masimo in
Delaware last year, accusing it of patent infringement.
Smartwatches, mobile devices worn on the wrist with an array of
capabilities, are a lucrative market, with global sales worth
tens of billions of dollars.
Masimo has also sued Apple at the U.S. International Trade
Commission over Apple Watch imports that it said violated its
patent rights. An ITC judge preliminarily ruled in favor of
Masimo in January, which could lead to an import ban on
infringing Apple Watches if the full commission affirms the
decision.
Apple is facing another potential Apple Watch import ban in a
separate patent fight with Mountain View, California-based
medical device maker AliveCor Inc over heart-monitoring
technology.
(Reporting by Blake Brittain and Stephen Nellis; Editing by
Christopher Cushing)
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