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Comment by granzymes | Hacker News Reader

The ITC doesn't have the power to award monetary damages to Masimo for Apple's alleged infringement. For that, you need to go to court. The ITC is a specialized forum for trade disputes.

Masimo actually did sue Apple in Federal court for damages, but the judge declared a mistrial after the jury deadlocked 6-1 in favor of Apple.

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> Maismo actually did sue Apple in Federal court for damages, but the judge declared a mistrial after the jury deadlocked 6-1 in favor of Apple.

To be clear, the mistrial was around "theft of trade secrets", and had nothing to do with the alleged patent infringement.

The jury heard testimony related to patent infringement. It's true that Masimo chose to seek an award for unjust enrichment from trade secret theft instead of damages related to the patents themselves, but that was a strategic choice on their part. They could have requested damages in that same case.

But it does speak to their confidence, or lack thereof, in their ability to defend the patent in question.

Couldn’t same confidence could be said for Apple’s actions? Why continue to GTM with relatively minor feature (it’s not 2020 anymore where everyone was worrying about blood oxygen due to covid) that could be easily disabled by software? My sense is that Apple is really confident that they are not infringing on that patent.

The ITC could have set a bond though - here the bond was set at $0 so there is no penalty for apple importing anyway during appeal.

(Masimo did not ask for seizure yet afaik)

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