How 'bout that new law suit ladies

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anonymous said:
Ha! Kiani’s idea of “looking into the harsh criticism” is hiring a gang of attorneys to make it all go away, and not have to look at it or, God forbid recall anything.
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Hmmm.. that Masimo shenanigan bares the same distinct odor as this Masimo shenanigan…
April 24, 2022: “House oversight committee launches inquiry into whether President Joe Biden rewarded political donor Joe Kiani with contracts and government position.”
https://ussanews.com/2022/04/24/ove...ions-about-biden-donors-government-contracts/
 


















As expected…MASI’s ridunculous claims against Apple are getting belly-laughed out of court. Meanwhile, Joe has spent another $7mm this year keeping the two left standing, well… left standing. At present, both are moth balled. Indefinitely.
June 24, 2022
https://news.bloomberglaw.com/tech-...laims-over-apple-watch-feature-remain-on-hold
Case #IPR2020-01737
Judgement entered: 5/4/22
“Claims 1–27 of the ’366 patent have been shown to be unpatentable”
https://bannerwitcoff.com/wp-content/uploads/2022/05/IPR2020-01737.pdf
 






Masimo getting shellacked in court for crafting wishful unpatentable claims against me-too technologies, a.k.a. Obvious trolling, is hardly unique. Just ask Sotera Wireless.

Case: MASIMO v. SOTERA WIRELESS
Verdict, 11/19/21: Masimo’s claims found to be invalid—unpatentable as obvious.
“For the reasons set forth below, Petitioner Sotera Wireless) has met its burden of showing, by a preponderance of the evidence, that Masimo’s claims 1–25 of the RE353 patent are unpatentable.”
https://s3-us-west-1.amazonaws.com/ptab-filings/IPR2020-01019/41
 






Haha the fools spent 2yrs and million$ of dollars promoting their trollsuit against Apple. Tabloid subscribers & blind people everywhere thought hmmm what a great time to invest! Let’s double down on this feisty little mighty-me company w/ $16B market cap that’s been gangraped by the big bad Apple. I mean gee wiz, Masi cried wolf on Tyco & Philips back in the day and walked away with billion$, so surely Apple will be 3rd time’s a charm too, right? Well, as we all know now…nope.

In less than 2 years we’ve watched Masi’s stock value & market cap take a $10B nose dive. Having grossly mismanaged its $1B acquisition of Viper Holdings and lost both cases it brought against Sotera & Apple, shareholders have apparently lost confidence in the company. MASI share price has dropped more than 50% since November.
 












anonymous said:
Haha the fools spent 2yrs and million$ of dollars promoting their trollsuit against Apple. Tabloid subscribers & blind people everywhere thought hmmm what a great time to invest! Let’s double down on this feisty little mighty-me company w/ $16B market cap that’s been gangraped by the big bad Apple. I mean gee wiz, Masi cried wolf on Tyco & Philips back in the day and walked away with billion$, so surely Apple will be 3rd time’s a charm too, right? Well, as we all know now…nope.

In less than 2 years we’ve watched Masi’s stock value & market cap take a $10B nose dive. Having grossly mismanaged its $1B acquisition of Viper Holdings and lost both cases it brought against Sotera & Apple, shareholders have apparently lost confidence in the company. MASI share price has dropped more than 50% since November.
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Calling all foolish dipschitz named Joe. Got storm shelter & money to burn?
This is what happens when you poke the wrong sleeping giant…

APPLE v. MASIMO/SOUND UNITED
Case 1:22-cv-01377-UNA
Filed 10/20/22
“Masimo recently released its first watch, direct to consumers, called the Masimo W1. Rather than innovating and developing a product independently, Masimo copied Apple while filing lawsuits to try to prevent sales of Apple Watch. Masimo’s copying violates Apple’s patent rights. Apple brings this action to stop Masimo’s infringement.”
https://fingfx.thomsonreuters.com/g...xvx/IP APPLE MASIMO PATENTS designpatents.pdf
 






anonymous said:
Calling all foolish dipschitz named Joe. Got storm shelter & money to burn?
This is what happens when you poke the wrong sleeping giant…

APPLE v. MASIMO/SOUND UNITED
Case 1:22-cv-01377-UNA
Filed 10/20/22
“Masimo recently released its first watch, direct to consumers, called the Masimo W1. Rather than innovating and developing a product independently, Masimo copied Apple while filing lawsuits to try to prevent sales of Apple Watch. Masimo’s copying violates Apple’s patent rights. Apple brings this action to stop Masimo’s infringement.”
https://fingfx.thomsonreuters.com/gfx/legaldocs/zdvxdyorxvx/IP APPLE MASIMO PATENTS designpatents.pdf
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Reminding us that Christmas is a time for gift giving, Apple hit masimo with two IP infringement suits. Here’s #2….
Apple vs. Masimo/Sound United
Case #1:2022cv01378
https://dockets.justia.com/docket/delaware/dedce/1:2022cv01378/80439
 






anonymous said:
Reminding us that Christmas is a time for gift giving, Apple hit masimo with two IP infringement suits. Here’s #2….
Apple vs. Masimo/Sound United
Case #1:2022cv01378
https://dockets.justia.com/docket/delaware/dedce/1:2022cv01378/80439
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Apple filed the second, heftier lawsuit, alleging that Masimo infringed five utility patents. The suit reveals that a Masimo spin-off was granted access to confidential information, including Apple Watch source code, and alleges that this information was used in the design and creation of the W1 smartwatch. Quoting from the lawsuit:
“In January 2020, Masimo brought a patent lawsuit against Apple targeting Apple Watch. In that case, access to Apple’s confidential information and source code for various models of Apple Watch, including details of its construction and functionality, was provided to a board member of Cercacor—a spin-off from Masimo that focuses on research and development. That was two years before Masimo released the W1 to the general public.”
https://lawstreetmedia.com/news/tec...ration-in-smart-watch-technology-dispute/amp/
 






I find the shareholder case even more troubling than those. Masimo is being charged w/ wrongfully denying its shareholders of their lawful right to nominate board members.

Politan Capital Management Takes Legal Action in Response to Masimo’s Attempts to Eliminate Stockholder Rights

Dec 2022
“Masimo’s array of defensive measures is extreme: a staggered board, a poison pill, a change of control provision in its CEO compensation that is triggered just by two directors being replaced, and now these bylaws. Federal securities laws already include extensive proxy disclosure rules that cover any legitimate concerns around appropriate disclosure. Masimo’s bylaws eliminate stockholders’ ability to nominate directors and restrict stockholder voting to only those candidates selected by the incumbents. The Board cannot create its own set of rules by which it is elected and deny stockholders the ability to select who represents them.”
https://www.nasdaq.com/press-releas...gal-action-in-response-to-masimos-attempts-to
 






Of course the greed monger is fighting to maintain control of the board. How do you think he managed pay himself more than any other healthcare CEO world-wide: $210 million. Hmmmmm…astonishing perhaps.

“The highest-paid health care CEO in 2020 was Joe Kiani of Masimo, a medical device company best known for its products that measure oxygen saturation and other vitals. Kiani earned more than $210 million last year — the highest amount of any health care CEO in the past three years we've studied, and an amount equal to 88% of Masimo's net profit in 2020.

https://www.axios.com/2021/06/14/health-care-ceo-pay-2020-pandemic
 












This is how Masimo responds to clinical research results or assessments of any sort that are critical of it’s products’ performance. Rather than embrace the data and demonstrate the very commitment to continuous “micro-fixing” and patient safety for which Masimo’s CEO claims to lead the charge, Kiani takes the low road instead, with a comedic show of narcissism & defiance rarely seen outside the WWF.

“Joe Kiani’s overall tone was so incredibly defensive and full of attacks on the Michigan authors that it made it hard not to view these points as questionable. Basically, what Kiani did is what so many of my White colleagues do when racial disparities are pointed out to them and it is suggested that they might be indicative of systemic racism; he took the observation as a direct accusation of racism against him to almost a comical extent, including a photo of himself holding a “Black lives matter sign” with the article and bragging about how he and his wife had marched for Black Lives Matter. That’s all very well and good and a credit to him and his wife, but it apparently didn’t prevent him from understanding that systemic racism (or even just a system in which there are racial disparities in health care) can be maintained even if he himself is about as non-racist as a White person can be. It also didn’t help that, rather than responding in a letter to the NEJM, he chose to respond with an editorial in a business journal…Rather than reacting in a manner that took the observations seriously and asked what might account for the differences between his company’s claimed data and the published reports, Kiani became incredibly defensive and went on the attack.”
https://sciencebasedmedicine.org/co...n-unexpected-racial-disparity-in-health-care/
 






anonymous said:
I find the shareholder case even more troubling than those. Masimo is being charged w/ wrongfully denying its shareholders of their lawful right to nominate board members.

Politan Capital Management Takes Legal Action in Response to Masimo’s Attempts to Eliminate Stockholder Rights

Dec 2022
“Masimo’s array of defensive measures is extreme: a staggered board, a poison pill, a change of control provision in its CEO compensation that is triggered just by two directors being replaced, and now these bylaws. Federal securities laws already include extensive proxy disclosure rules that cover any legitimate concerns around appropriate disclosure. Masimo’s bylaws eliminate stockholders’ ability to nominate directors and restrict stockholder voting to only those candidates selected by the incumbents. The Board cannot create its own set of rules by which it is elected and deny stockholders the ability to select who represents them.”
https://www.nasdaq.com/press-releas...gal-action-in-response-to-masimos-attempts-to
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Under intense pressure from the hedge fund industry association MFA, and facing imminent defeat in court, Masimo finally pulls its head out of its draconian ass.
"We are glad to see Masimo repeal its widely criticized and illegal bylaw amendments," a Politan spokesperson said.
https://www.reuters.com/business/he...ng-detailed-information-activists-2023-02-06/
 






“Against this backdrop of unchecked governance failures, Masimo’s stock price collapsed when stockholders learned of Masimo’s acquisition of Sound United LLC. The market responded to that deal by erasing five times the acquisition price—approximately $5.1 billion—from Masimo’s market capitalization the day after the acquisition was announced, which amounted to approximately 70% of Masimo’s market cap. Never before in the history of United States publicly traded companies has an acquiring company’s market cap declined by more than twice, let alone five times, the purchase price of a material acquisition. The stunning decrease in value reflects much more than mere market skepticism of the acquisition. A decrease of more than five times the purchase price demonstrates that the market fears that a complete breakdown in accountability and oversight by Masimo’s Board will lead to a destruction of value far in excess of the purchase price.”
https://www.sec.gov/Archives/edgar/data/937556/000091412122004125/po58315551-ex99_4.htm
 






anonymous said:
Apple filed the second, heftier lawsuit, alleging that Masimo infringed five utility patents. The suit reveals that a Masimo spin-off was granted access to confidential information, including Apple Watch source code, and alleges that this information was used in the design and creation of the W1 smartwatch. Quoting from the lawsuit:
“In January 2020, Masimo brought a patent lawsuit against Apple targeting Apple Watch. In that case, access to Apple’s confidential information and source code for various models of Apple Watch, including details of its construction and functionality, was provided to a board member of Cercacor—a spin-off from Masimo that focuses on research and development. That was two years before Masimo released the W1 to the general public.”
https://lawstreetmedia.com/news/tec...ration-in-smart-watch-technology-dispute/amp/
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Evidently, Joe’s premature victory lap ain’t foolin those who care to read the small print.

Judge Unwilling To Find Apple Stole Masimo Trade Secrets
By Jasmin Jackson
Law360 (February 17, 2023, 10:18 PM EST) -- U.S. District Judge James V. Selna's Feb. 7 order — unsealed Thursday — denied Masimo Corp.'s motion for partial summary judgment in its intellectual property suit accusing Apple Inc. of swiping health monitoring technology for a series of Apple Watch products. Masimo had sought to nail Apple on claims that the iPhone maker misappropriated trade secrets obtained from a former Masimo employee. But Judge Selna shot down Masimo's partial summary judgment bid, holding that he wouldn't address the issue of harm since Masimo hadn't shown summary judgment was warranted on issues of misappropriation and trade secret existence. Selna made it clear there is still a genuine dispute about whether the health monitoring techniques at issue were "generally unknown and if so, whether they derived value from their secrecy."
https://www.law360.com/amp/articles/1577419
https://ipwatchdog.com/wp-content/uploads/2021/07/Masimo-v-Apple-Dkt-206.pdf
 






anonymous said:
“Against this backdrop of unchecked governance failures, Masimo’s stock price collapsed when stockholders learned of Masimo’s acquisition of Sound United LLC. The market responded to that deal by erasing five times the acquisition price—approximately $5.1 billion—from Masimo’s market capitalization the day after the acquisition was announced, which amounted to approximately 70% of Masimo’s market cap. Never before in the history of United States publicly traded companies has an acquiring company’s market cap declined by more than twice, let alone five times, the purchase price of a material acquisition. The stunning decrease in value reflects much more than mere market skepticism of the acquisition. A decrease of more than five times the purchase price demonstrates that the market fears that a complete breakdown in accountability and oversight by Masimo’s Board will lead to a destruction of value far in excess of the purchase price.”
https://www.sec.gov/Archives/edgar/data/937556/000091412122004125/po58315551-ex99_4.htm
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The filed complaint is appalling (link below)…A 60-page blueprint of pure, unbridled corporate greed. Shame on Masimo and its board of directors and the negligent watchdog systems at fault, for enabling them to run amok without consequence.
https://www.sec.gov/Archives/edgar/data/937556/000091412122004125/po58315551-ex99_4.htm
 






Pension fund & capital investment executives and MASI shareholders have had enough of Joe Kiani’s “astounding level of greed,” that defines his company. “Buckle up Joe!” suggested one former shareholder, “…Come September you will need to defend yourself in court.”

California teachers pension fund joins Politan's legal fight against Masimo
By Svea Herbst-Bayliss
March 3, 20238:04 AM PST
NEW YORK, March 3 (Reuters) - The $311 billion California state teachers pension fund is teaming up with an activist investor to stop Masimo Corp's (MASI.O) CEO Joe Kiani from receiving over half a billion dollars if there are changes to the U.S. medical device maker's corporate governance, including its board of directors.
https://www.reuters.com/legal/calif...h 3 (Reuters,including its board of directors
 






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