Apple Inc. and Masimo Corp. failed to persuade a jury to reach a unanimous verdict in a trial where the medical devices company claimed a blood-oxygen sensor in the Apple Watch was developed using misappropriated trade secrets.
“We’re not going to be able to come to a joint conclusion,” the all-female panel wrote in its final note to the judge. Earlier, the jury said six of its members voted for Apple and one for Masimo, and she refused to change her mind. US District Judge James Selna declared a mistrial late Monday afternoon.
Masimo Corp. and Cercacor Laboratories Inc., a Masimo spinoff that owns certain licensing rights to many Masimo patents, sued Apple claiming it misappropriated trade secrets related to technology that uses light sensors to measure the amount of oxygen in the bloodstream for use in its Apple Watch.While we are disappointed that the jury was unable to reach a verdict, we intend to retry the case and continue to pursue legal redress against Apple,” Masimo said in a statement.
Apple poached Masimo and Cercacor employees to learn about its technology after chief executive officer Tim Cook nixed an internal proposal to buy the company, Masimo’s lawyer, Joseph Re, told the jury in closing arguments.
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