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There are two separate matters considered in these cases. First there is the question of whether the patent claims are valid: this is determined by evaluating p
by matthewdgreen 3y ago
There are two separate matters considered in these cases. First there is the question of whether the patent claims are valid: this is determined by evaluating prior art, either by itself or in “combination” where you take some elements from different pieces of prior art and argue that a skilled artisan would have known to combine them. Apple appears to have challenged the patents in an IPR proceeding at the Patent Office, using combinations of prior art from earlier patents, which they largely prevailed in. However an appeals court reversed parts of that ruling on technical grounds related to the way the IPR board combined different references (and some claims seem to have survived it.) You can read an appeals court decision here [1]. Separate is the question of infringement: Masimo needed to show that Apple’s products infringe the claims of the patent. Apple could “design around” these claims by changing essential elements of their product, but that would only protect them going forward.
[1] https://cafc.uscourts.gov/opinions-orders/22-1631.OPINION.9-12-2023_2188913.pdf https://cafc.uscourts.gov/opinions-orders/22-1631.OPINION.9-...