Masimo CEO on Looming Apple Watch Ban: 'These Guys Have Been Caught With Their Hands in the Cookie Jar'

Masimo CEO Joe Kiani does not believe that Apple will be able to solve its patent infringement issues with software, reports Bloomberg. In an interview with Bloomberg TV, Kiani said that a software solution won't work because Masimo patents cover hardware, not software. 'I don't think that could work -- it shouldn't -- because our patents are not about the software,' said Kiani.

Apple is reportedly working to change the algorithms used for the blood oxygen sensor in the Apple Watch to skirt Masimo patents, with engineers aiming to adjust how oxygen saturation is determined and how the data is provided to customers. An Apple spokesperson said yesterday that Apple is planning to submit a workaround to the US Customs agency to determine whether a software change is enough to avoid an import ban.

Masimo would be open to settling its dispute with Apple to prevent the Apple Watch import ban that Apple is facing, but Apple so far has not expressed interest. 'They haven't called,' Kiani told Bloomberg. 'It takes two to tango.' Kiani did not mention the amount of money that Masimo would accept to settle, but he said the company would be willing to 'work with them to improve their product.'

According to Kiani, he has not spoken with Apple since 2013, which is when Apple considered purchasing Masimo or getting Masimo's help to develop the blood oxygen sensors in the Apple Watch. Masimo has accused Apple of employee poaching and patent infringement, and the U.S. International Trade Commission in October agreed that Apple has violated Masimo patents with the Apple Watch.

As a result, Apple is facing an import ban on the Apple Watch Series 9 and Apple Watch Ultra 2, with sales set to stop starting on December 21. 'These guys have been caught with their hands in the cookie jar,' Kiani said. Masimo wants an apology and an 'honest dialogue' as part of any settlement discussion.

Apple's announcement that Apple Watch sales will stop in the U.S. on Christmas Eve is a 'stunt' that is meant to pressure the Biden administration, according to Kiani. Apple did not have control over the timing of the import ban.

Apple for its part said yesterday that it 'strongly disagrees' with the ITC's order and import ban decision, and that it is 'pursuing a range of legal and technical options' to keep the Apple Watch available to customers.

It is possible that Apple will avoid an import ban and a pause in sales if the Biden administration vetoes the ban by December 25. It is not clear if the White House will step in, as presidential vetoes of ITC bans are rare.

While Apple will not be able to continue selling the Apple Watch in the U.S. without a veto, third-party retailers like Best Buy and Target can continue to offer it as long as supplies are available. The import ban will prevent Apple from importing components and assembled devices from countries like China.

The ITC's decision will not impact sales of the Apple Watch outside of the United States.Tags: ITC, Patent Lawsuits, MasimoThis article, "Masimo CEO on Looming Apple Watch Ban: 'These Guys Have Been Caught With Their Hands in the Cookie Jar'" first appeared on MacRumors.comDiscuss this article in our forums