Masimo CEO Joe Kiani has stated that his company is open to reaching a settlement form with Apple that would allow the company to resume selling the Apple Watch Ultra 2 and Apple Watch Series 9. Kiani made his comments in a new interview with Bloomberg.
When asked whether an agreement between both companies is on the table, Kiani stated that Masimo is open to settling with Apple over the disputed patents, but noted that the latter has yet to reach out to discuss any possible deals. “It takes two to tango” Kiani added, while refusing to discuss any financial terms of a hypothetical resolution with Apple. If a settlement is to be agreed, Kiani would like Apple to engage in an “honest dialogue” with an apology to Masimo.
The CEO also reveals that he last spoke to Apple in 2013 when both companies were discussing a possible acquisition or a collaboration of some sort. Kiani also criticized Apple’s hiring of 20 of Masimo’s engineers while doubling their salaries to work on health sensors for the Apple Watch.
Apple is set to halt sales of the Apple Watch Ultra 2 and Apple Watch Series 9 in the United States from December 21 to preemptively comply with the International Trade Commission’s sales ban. However, Kiani is not impressed with this move, calling it nothing more than a stunt on Apple’s part to force President Biden to veto the ITC’s ruling. As a reminder, the Biden administration has until December 25 to veto the Apple Watch sales ban, after which it will go into effect indefinitely.
To circumvent the sales ban, Bloomberg earlier reported that Apple engineers are racing around the clock to introduce software changes to algorithms used by the Apple Watch blood oxygen sensors in a last-ditch effort to suspend the sales ban. Through this move, the company hopes to get around the Masimo patents in question, but Kiani doesn’t believe it will ultimately work since the patents cover both hardware and software.
The anticipated sales ban will not prevent third-party retailers from selling the Apple Watch models in question till supplies last, while Apple will still be allowed to sell the Apple Watch SE since it doesn’t include a blood oxygen sensor. Additionally, sales of the Apple Watch Ultra 2 and Apple Watch Series 9 outside the US will not be affected.
