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This is also an iterated game. Apple doesn’t want a reputation for caving to patent trolls because that invites more lawsuits.

Indeed, Apple has a reputation for going scorched earth on patent trolls and trying to invalidate your entire patent portfolio after you poke the bear (Masimo has already had several of their patents invalidated in the course of their litigation with Apple).

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Why do you call them patent trolls when they're not. Patent holders who build and ship products based on those patents are not patent trolls. Do you not know what that phrase actually means?

I don't know if I would call them patent trolls per se, since some patent troll companies' business model is just trying to win patent lawsuits, but if you go to battle and the overwhelming majority of your patents are invalidated when put under any level of scrutiny then you're still being shady. Literally 95% of Masimo's infringment claims (98 of 103) have already been invalidated in this case. They're building products but they're also abusing the patent system.

This is endemic though, I don't think Masimo is especially unique here, companies often encourage filing frivolous patents.

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