Apple's only concern is to slow things down until they release the newer device which hopefully will have a patent workaround
U.S. Customs will decide on January 12th whether the redesign is sufficient, and if it is sufficient Apple can continue its imports. Maismo would then need to head back to the ITC to argue that the software redesign still infringes their patents. That could easily take another year.
If Apple succeeds in either way, they will be able to draw out the litigation long enough for a full hardware redesign in the Apple Watch 10.
Can they still be sued for the damages caused even if they come up with total redesign?
The likely reason Masimo made the strategic choice to sue for for unjust enrichment instead of damages is that damages are limited to the license fees Apple would have paid in the alternative world where they sought a license. That's a relatively small amount of money compared to what Masimo is no doubt hoping to extract by blocking Apple Watch imports.
By the way, a court would not have enjoined Apple from importing or selling the Apple Watch. Masimo has a very small domestic consumer-facing industry putting their patents into practice and they they already license their patents to others, demonstrating that they could do so here as well. The ITC was the only place they were likley to get that remedy.
How can you figure out what that license fee would have been? Couldn't Masimo argue they only would have ever licensed the technology for some huge sum of money?
Kinda absurd lol. The US court system is so biased towards rich transgressors lmao.
Well, tbf to apple, no domestic court has ruled on this patent. Just domestic agencies and the ITC right?
No, then there are money damages.
Masimo is a multi-billion dollar company themselves. They may not be Apple-big, but they are definitely in the category of 'rich' for this discussion.