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by manquer 908 days ago
There are established processes to invalidate a patent ?

It is more than 10 years since this started , patent office is slow but not that slow .

Apple may believe they didn’t infringe masimo’s tech and theirs is novel enough, I doubt they have made indication that they believe it is invalid.

1 comments

>Apple may believe they didn’t infringe masimo’s tech and theirs is novel enough, I doubt they have made indication that they believe it is invalid.

https://www.reuters.com/legal/legalindustry/analyzing-itcs-i...

"Apple countered that it did not infringe the asserted claims of Masimo's patents and attempted to distinguish the technology underlying its pulse-oximetry technology. Apple also argued that Masimo's asserted patent claims were invalid as obvious over the prior art."

> There are established processes to invalidate a patent ?

Is there? IANAL, but I thought the standard procedure was to make your product and then wait for the patent holder to sue. That has the advantage that you get to bring your product to market faster, and don't have to wait years for the inevitable lawsuits to settle.

(Bearing in mind there are multiple cases going on here...)

> "Apple countered that it did not infringe the asserted claims of Masimo's patents and attempted to distinguish the technology underlying its pulse-oximetry technology. Apple also argued that Masimo's asserted patent claims were invalid as obvious over the prior art."

It did. And then the court ruled that there was sufficient merit to Masimo's claims. Hence the court ruling, and action we are seeing today. Apple's appeal will / should have to show that the court erred in that decision, with more than "we reiterate our previous claims" (a la "we strenuously object" in *A Few Good Men).