A federal jury in Illinois on Wednesday said Amazon Web Services owes tech company Kove $525 million for violating three patents relating to its data-storage technology. From the report: The jury determined (PDF) that AWS infringed three Kove patents covering technology that Kove said had become "essential" to the ability of Amazon's cloud-computing arm to "store and retrieve massive amounts of data." An Amazon spokesperson said the company disagrees with the verdict and intends to appeal. Kove's lead attorney Courtland Reichman called the verdict "a testament to the power of innovation and the importance of protecting IP (intellectual property) rights for start-up companies against tech giants." Kove also sued Google last year for infringing the same three patents in a separate Illinois lawsuit that is still ongoing.

An anonymous reader quotes a report from Kotaku: A new patent recently filed by TV and streaming device manufacturer Roku hints toward a possible future where televisions could display ads when you pause a movie or game. For Roku, the time in which the TV is on but users aren't doing anything is valuable. The company has started leasing out ad space in its popular Roku City screensaver -- which appears when your TV is idle -- to companies like McDonald's and movies like Barbie. As tech newsletter Lowpass points out, Roku finds this idle time and its screensaver so valuable that it forbids app developers from overriding the screensaver with their own. But, if you plug in an Xbox or DVD player into the HDMI port on a Roku TV, you bypass the company's screensaver and other ads. And so, Roku has been figuring out a way to not let that happen.

As reported by Lowpass on April 4, Roku recently filed a patent for a technology that would let it inject ads into third-party content -- like an Xbox game or Netflix movie -- using an HDMI connection. The patent describes a situation where you are playing a video game and hit pause to go check your phone or grab some food. At this point, Roku would identify that you have paused the content and display a relevant ad until you unpaused the game. Roku's tech isn't designed to randomly inject ads as you are playing a game or watching a movie, it knows that would be going too far and anger people. Instead, the patent suggests several ways that Roku could spot when your TV is paused, like comparing frames, to make sure the user has actually paused the content. Roku might also use the HDMI's audio feed to search for extended moments of silence. The company also proposes using HDMI CEC -- a protocol designed to help devices communicate better -- to figure out when you pause and unpause content. Similarly, Roku's patent explains that it will use various methods to detect what people are playing or watching and try to display relevant ads. So if it sees you have an Xbox plugged in, it might try to serve you ads that it thinks an Xbox owner would be interested in.

An anonymous reader shares a report: Reddit, the social media platform gearing up for an initial public offering this week, said Nokia has accused it of infringing some of their patents. Nokia Technologies, the company's licensing business, sent Reddit a letter on Monday with the claims, and Reddit is evaluating them, according to a filing made Tuesday. Nokia's claims come as Reddit prepares for an initial public offering in an effort to raise hundreds of millions of dollars. The company has been working toward a listing for years, and its public market debut this week is set to become a high-profile addition to the year's roster of newly and soon-to-be public companies. Reddit said in the filing: "On March 18, 2024, Nokia sent us a letter indicating they believed that Reddit infringes certain of their patents. We will evaluate their claims. As we face increasing competition and become increasingly high profile, the possibility of receiving more intellectual property claims against us grows.

In addition, various 'non-practicing entities,' and other intellectual property rights holders have asserted in the past, and may attempt to assert in the future, intellectual property claims against us and have sought, and may attempt to seek in the future, to monetize the intellectual property rights they own to extract value through licensing arrangements or other settlements."

According to Bloomberg, Apple has acquired Canada-based AI startup DarwinAI for an undisclosed sum. Macworld reports: Apple has reportedly folded the DarwinAI staff into its own AI team, including DarwinAI co-founder Alexander Wong, an AI researcher at the University of Waterloo who "has published over 600 refereed journal and conference papers, as well as patents, in various fields such as computational imaging, artificial intelligence, computer vision, and multimedia systems."

According to its LinkedIn profile, DarwinAI is "a rapidly growing visual quality inspection company providing manufacturers an end-to-end solution to improve product quality and increase production efficiency." In layman's terms, that means Apple is likely interested in DarwinAI to streamline its manufacturing to be more efficient. That's something that could save Apple a ton of money in annual costs.

Far more interesting to our consumer devices, however, is Bloomberg's report that DarwinAI's tech can be used to make AI models more efficient in general. Apple has been said to want any generative AI features to run on the device rather than the cloud, so models will need to be as small as possible and DarwinAI could definitely help there. Last month, Apple CEO Tim Cook said the iPhone maker sees "incredible breakthrough potential for generative AI, which is why we're currently investing significantly in this area. We believe that will unlock transformative opportunities for users when it comes to productivity, problem solving and more."

For decades, U.S. inventors sent in models with their patent applications -- gizmos that reveal a secret history of unmet needs and relentless innovation. The New Yorker: The ruins of American invention have been recently resurrected in a former textile mill in Wilmington, Delaware. The Henry Clay Mill, now better known as Hagley Museum and Library Visitor Center, is perched on the banks of Brandywine Creek, at the southern edge of a sprawling estate once owned by the du Pont family; just upstream lies the oldest of the dynasty's several stately homes in the region, as well as the remains of the gunpowder works upon which its fortune was built. One morning, Chris Cascio, a curator, welcomed me into the mill, where the space once occupied by cotton-picking and carding machines now houses a curious exhibit: the scavenged remainders of a much larger, long-lost museum.

From 1790 to 1880, Cascio explained, the U.S. Patent Office first encouraged and then required an inventor to submit a model along with each application. These models -- thousands of miniature devices, often exquisitely detailed -- were then exhibited in Washington, D.C., in the office's model gallery. Sometimes called the "Temple of Invention," the gallery was a bustling landmark: it regularly attracted up to ten thousand visitors a month and was ranked as "the greatest permanent attraction in the city," according to one newspaper. But by the late nineteenth century it had effectively shut its doors. Hagley's latest exhibit, "Nation of Inventors," is the largest permanent public display of patent models since that time.

[...] The U.S. system was also unique in that no other country required a model to accompany a patent application. The reasons why soon became clear. As early as the eighteen-thirties, the collection had outgrown the Patent Office's cramped headquarters at the former Blodgett's Hotel. In 1836, a fire destroyed at least seven thousand models, but, rather than abandon the requirement, the Patent Office doubled down, securing congressional funding to reconstruct the models and laying the foundations for a truly monumental building, with a facade modelled after the Parthenon. The structure, which now houses the Smithsonian's American Art Museum and the National Portrait Gallery, occupies an entire city block. In the engineer Pierre L'Enfant's master plan for the capital, it was intended to serve as a kind of nondenominational "church of the republic," between the White House on one side and the Capitol on the other.

EU lawmakers on Wednesday approved draft rules governing patents key to technologies for telecom equipment and connected cars in the face of criticism from Nokia, Ericsson and other patent holders. From a report: The draft rules proposed by the European Commission in April last year seek to end costly and lengthy litigation over patents used in technologies for telecom equipment, mobile phones, computers, connected cars and smart devices. The European Parliament will now have to thrash out the details of the proposed rules with EU countries before it can become law. Nokia, Ericsson and Siemens in a letter to EU lawmakers in January, highlighted concerns from the European Patent Office, standard-setting body ETSI and other bodies on the draft rules. Lobbying group IP Europe, which counts Nokia, Ericsson and Qualcomm as its members, reiterated its opposition to the draft rules. "The beneficiaries would not be SMEs as claimed but big tech," IP Europe's managing director Patrick McCutcheon said ahead of the lawmakers' vote.

Apple has filed a lawsuit against the U.S. Patent and Trademark Office for refusing to grant trademarks covering the company's augmented-reality software development tools "Reality Composer" and "Reality Converter." Reuters reports: Apple, whose augmented-reality technology is a centerpiece of its newly released Vision Pro headset, asked the court (PDF) on Friday to reverse the USPTO's decision that the phrases were not distinctive enough to receive federal trademark protection. "Consumers must exercise imagination to understand how the nonsensical phrases 'reality composer' and 'reality converter' -- which sound like science fiction impossibilities -- relate to Apple's products," the complaint said. "They are suggestive, just as Burger King is a fast-food chain, not an actual monarch."

Apple's Reality Composer and Reality Converter allow developers to create and alter 3-D augmented-reality content for Apple apps. The content is compatible with Apple devices including the Vision Pro mixed-reality headset, which the tech giant began selling earlier this month. Turkish visual-effects company ZeroDensity challenged Apple's trademark applications at the USPTO, arguing that the phrases could not receive federal trademarks because they merely describe what the software does. ZeroDensity also said Apple's trademarks would cause confusion with its own "Reality"-related marks.

ZeroDensity, the named defendant in the case, said in a statement on Monday that it was "surprised and concerned by [Apple's] misinterpretation and misrepresentation of our company" and is "resolute in defending our 'Reality' trademarks." A USPTO tribunal agreed with ZeroDensity that Apple's marks were descriptive without addressing whether they would confuse consumers. Apple said in Friday's complaint that its phrases were "made-up terms coined by Apple that do not describe the underlying software development tools." "In contrast, descriptive terms like Raisin Bran or American Airlines straightforwardly describe the goods and services offered under the brand name," Apple said. "As innovative as Apple is, it cannot 'compose' or 'convert' reality." Apple argued that its marks would not cause consumer confusion and accused ZeroDensity of trying to "claim broad rights in the word 'reality,' which no one entity can monopolize."

A trio of Google engineers recently came up with a futuristic way to help anyone who stumbles through presentations on video calls. They propose that when algorithms detect a speaker's pulse racing or "umms" lengthening, a generative AI bot that mimics their voice could simply take over. That cutting-edge idea wasn't revealed at a big company event or in an academic journal. Instead, it appeared in a 1,500-word post on a little-known, free website called TDCommons.org that Google has quietly owned and funded for nine years. WIRED: Until WIRED received a link to an idea on TDCommons last year and got curious, Google had never spoken with the media about its website. Scrolling through TDCommons, you can read Google's latest ideas for coordinating smart home gadgets for better sleep, preserving privacy in mobile search results, and using AI to summarize a person's activities from their photo archives. And the submissions aren't exclusive to Google; about 150 organizations, including HP, Cisco, and Visa, also have posted inventions to the website.

The website is a home for ideas that seem potentially valuable but not worth spending tens of thousands of dollars seeking a patent for. By publishing the technical details and establishing "prior art," Google and other companies can head off future disputes by blocking others from filing patents for similar concepts. Google gives employees a $1,000 bonus for each invention they post to TDCommons -- a tenth of what it awards its patent seekers -- but they also get an immediately shareable link to gloat about otherwise secretive work.

The US Patent and Trademark Office (USPTO) asserts that only humans can be recognized as inventors on patent applications, not artificial intelligence systems, although the use of AI in the invention process is permitted and must be disclosed. The Verge reports: The agency published (PDF) its latest guidance following a series of "listening" tours to gather public feedback. It states that while AI systems and other "non-natural persons" can't be listed as inventors in patent applications, "the use of an AI system by a natural person does not preclude a natural person from qualifying as an inventor." People seeking patents must disclose if they used AI in the invention process, just as the USPTO asks all applicants to list all material information necessary to make a decision.

However, to be able to register a patent, the person using the AI must've contributed significantly to the invention's conception. A person simply asking an AI system to create something and overseeing it, the report says, does not make them an inventor. The office says that a person who simply presents the problem to an AI system or "recognizes and appreciates" its output as a good invention can't claim credit for that patent.

"However, a significant contribution could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system," the USPTO says. The office also says that "maintaining 'intellectual domination' over an AI system does not, on its own, make a person an inventor" -- so simply overseeing or owning an AI that creates things doesn't mean you can file a patent for them.

When it comes to defeating patent trolls with crowd-sourced prior art, Cloudflare is now two-for-two after winning its latest case against Sable Networks. The Register: Sable Networks, which owns patents originally given to defunct "flow-based router" company Caspian Networks, sued Cloudflare and five other companies in 2021 alleging a whole host of violations of four patents now owned by Sable. A lot has changed since the case was filed in the US District Court for the Western District of Texas, leading to a jury verdict last week that found Cloudflare not only didn't infringe on the single patent that made it to trial, but that the final patent claim at issue was invalid as well. It took the jury just two hours to return the result, Cloudflare said.

"Since Sable first sued us, we've invalidated significant parts of three Sable patents, hamstringing their ability to bring lawsuits against other companies," Cloudflare's in-house counsel boasted on Monday. Cloudflare said that it managed to whittle the case down from four patents and "approximately 100 claims" to a single claim on one patent -- number 7,012,919 -- over the past three years. This is thanks in part to the assistance of outside investigators on Project Jengo, a scheme first launched in 2017 to get help digging up prior-art patents when Cloudflare sued by another patent troll, Blackbird Technologies. More: Cloudflare blog.

Apple's Vision Pro virtual reality headset officially launched in the U.S. on Friday. Customers who preordered the headset will begin to receive it or pick it up at Apple Store locations. CNBC adds: Apple CEO Tim Cook appeared at the company's flagship Fifth Avenue store in New York City on Friday morning to celebrate the headset's release. Speaking to CNBC's Jim Cramer at the event about the Vision Pro's high sticker price, Cook called it "tomorrow's technology today." The Vision Pro starts at $3,500.

"People can spread their payments out over time, and so that's one affordability kind of thing," Cook said, referring to a monthly financing plan that buyers can choose. "It's chock-full of invention. It's got 5,000 patents on it. We think we priced it at the right level considering the value of it," Cook added.

Thomas Claburn reports via The Register: IBM has canceled a program that rewarded inventors at Big Blue for patents or publications, leaving some angry that they are missing out on potential bonuses. By cancelling the scheme, a source told The Register, IBM has eliminated a financial liability by voiding the accrued, unredeemed credits issued to program participants which could have been converted into potential cash awards. For years, IBM has sponsored an "Invention Achievement Award Plan" to incentivize employee innovation. In exchange for filing patents, or for publishing articles that served as defense against rival patents, IBM staff were awarded points that led to recognition and potentially cash bonuses. According to documentation seen by The Register, "Invention points are awarded to all inventors listed on a successful disclosure submission."

One point was awarded for publishing. Three points were awarded for filing a patent or four if the filing was deemed high value. For accruing 12 points, program participants would get a payout. "Inventors reach an invention plateau for every 12 points they achieve -- which must include at least one file decision," the rules state. And for each plateau achieved, IBM would pay its inventors $1,200 in recognition of their efforts. No longer, it seems. IBM canceled the program at the end of 2023 and replaced it with a new one that uses a different, incompatible point system called BluePoints.

"The previous Invention Achievement Award Plan will be sunset at midnight (eastern time) on December 31st, 2023," company FAQs explain. "Since Plateau awards are one of the items being sunset, plateau levels must be obtained on or before December 31, 2023 to be eligible for the award. Any existing plateau points that have not been applied will not be converted to BluePoints." We're told that IBM's invention review process could take months, meaning that employees just didn't have time between the announcement and the program sunset to pursue the next plateau and cash out. Those involved in the program evidently were none too pleased by the points grab. "My opinion...the invention award program was buggered a long time [ago]," said a former IBM employee. "It rewarded words on a page instead of true innovation. [Former CEO] Ginni [Rometty] made it worse by advocating the program to fluff up young egos."

Apple is removing a blood-oxygen feature from its latest smartwatches -- the Series 9 and Ultra 2 -- to get around a US ban stemming from a patent dispute with Masimo. From a report: The disclosure was made Monday by Masimo, which said that US Customs and Border Protection approved the change on Jan. 12. The agency "decided that Apple's redesign falls outside the scope" of an import ban by the US International Trade Commission, signaling that the adjustment will let Apple keep its watches on the market.

The ITC had ruled in October that Apple's devices violated Masimo patents related to blood-oxygen measurement. That led Apple to pause sales of the smartwatches just ahead of Christmas, though an interim stay allowed the company to bring the products back late last month. The iPhone maker developed a software workaround intended to sidestep the dispute and presented the solution last week to the customs agency, which is in charge of enforcing import bans. Apple explained that the redesigned watches "definitively" do not contain the technology at issue, known as pulse oximetry, according to Masimo.

Last April the Python Software Foundation warned that Europe's proposed Cyber Resilience Act jeopardized their organization and "the health of the open-source software community" with overly broad policies that "will unintentionally harm the users they are intended to protect."

They'd worried that the Python Software Foundation could incur financial liabilities just for hosting Python and its PyPI package repository due to the proposed law's attempts to penalize cybersecurity lapses all the way upstream. But a new blog post this week cites some improvements: We asked for increased clarity, specifically:

"Language that specifically exempts public software repositories that are offered as a public good for the purpose of facilitating collaboration would make things much clearer. We'd also like to see our community, especially the hobbyists, individuals and other under-resourced entities who host packages on free public repositories like PyPI be exempt."


The good news is that CRA text changed a lot between the time the open source community — including the PSF — started expressing our concerns and the Act's final text which was cemented on December 1st. That text introduces the idea of an "open source steward."

"'open-source software steward' means any legal person, other than a manufacturer, which has the purpose or objective to systematically provide support on a sustained basis for the development of specific products with digital elements qualifying as free and open-source software that are intended for commercial activities, and ensures the viability of those products;" (p. 76)


[...] So are we totally done paying attention to European legislation? Ah, while it would be nice for the Python community to be able to cross a few things off our to-do list, that's not quite how it works. Firstly, the concept of an "open source steward" is a brand new idea in European law. So, we will be monitoring the conversation as this new concept is implemented or interacts with other bits of European law to make sure that the understanding continues to reflect the intent and the realities of open source development. Secondly, there are some other pieces of legislation in the works that may also impact the Python ecosystem so we will be watching the Product Liability Directive and keeping up with the discussion around standard-essential patents to make sure that the effects on Python and open source development are intentional (and hopefully benevolent, or at least benign.)

Alphabet's Google is set to go before a federal jury in Boston on Tuesday in a trial over accusations that processors it uses to power AI technology in key products infringe a computer scientist's patents. From a report: Singular Computing, founded by Massachusetts-based computer scientist Joseph Bates, claims Google copied his technology and used it to support AI features in Google Search, Gmail, Google Translate and other Google services. A Google court filing said that Singular has requested up to $7 billion in monetary damages, which would be more than double the largest-ever patent infringement award in U.S. history.

Google spokesperson Jose Castaneda called Singular's patents "dubious" and said that Google developed its processors "independently over many years." "We look forward to setting the record straight in court," Castaneda said.

"The famed and mysterious disappearance of D.B. Cooper has puzzled investigators for over half a century," writes a Seattle TV station. Now new evidence is coming to light in the supposed "skyjacking," after a microscopic piece of metal found on D. B. Cooper's tie could help reveal his true identity. "Considering the totality of all that has been uncovered in the last year with respect to DB Cooper's tie, I can say with a very high degree of certainty that DB Cooper worked for Crucible Steel," said independent investigator Eric Ulis.
"I would not be surprised at all if 2024 was the year we figure out who this guy was," Ulis told another local Seattle news station: This particle is part stainless steel, part titanium... 18 months ago, Ulis used U.S. patents to trace three of these fragments from the same very tie to a specific plant in Pennsylvania, Crucible Steel. "Headquartered in the suburbs of Pittsburgh, a significant subcontractor all throughout the 1960s," said Ulis. "It supplied the lion's share of titanium and stainless steel for Boeing's aircraft...."

Ulis claims evidence points to Cooper having in-depth knowledge of the 727 he hijacked, and of the Seattle area. Workers at Crucible Steel were known to travel and visit their contractor, Boeing. "This is also the time, 1971, when Boeing had this significant downturn, the big depression, with 'The last person leaving Seattle, please turn out the lights' [billboard sign]," said Ulis. "It's reasonable to deduce that D. B. Cooper may well have been part of that downturn."

Ulis admits his findings are not yet concrete. He's not crossing any suspects off the list. However, he believes from what he's seen, all roads lead to titanium research engineer Vince Peterson from Pittsburgh.
It all reminds me of that episode of Prison Break where they suspect one of the prisoners is secretly D.B. Cooper...

An anonymous reader quotes a report from Bloomberg, written by Naomi Kresge: In the early days of the Covid-19 pandemic, hundreds of scientists from all over the world banded together in an open-source effort to develop an antiviral that would be available for all. They could never have anticipated the many roadblocks they would face along the way, including the Russian invasion of Ukraine, which made refugees out of a group of Kyiv chemists who were doing important work for the project. The group, which called itself Covid Moonshot, hasn't given up on its effort to introduce a more affordable, patent-free treatment for the virus. Their open-source Covid antiviral, now funded by Wellcome, is on track to be ready for human testing within the next year and a half, according to Annette von Delft, a University of Oxford scientist and one of the Moonshot group's leaders. More early discovery work on a range of potential inhibitors for other viruses is also still going on and being funded by a US government grant.

"It's a bit like a proof of concept," von Delft says, for bringing a patent-free experimental drug into the clinic, a model that could be repurposed as a tool to fight neglected tropical diseases or antimicrobial resistance, or prepare for future pandemics. "Can we come up with a strategic model that can help those kinds of compounds with less of a business case along?" Of course, there was definitely a business case for a Covid antiviral, and some of the biggest drugmakers rushed to develop them. In 2022, Pfizer Inc.'s Paxlovid was one of the world's best-selling medicines with $18.9 billion in revenue. Demand has since cratered for the pill, which needs to be given shortly after infection and can't be taken alongside a number of other commonly prescribed medicines. Analysts expect the Paxlovid revenue to plunge just shy of $1 billion this year.

However, there is still a need for a better Covid antiviral, particularly in countries where access to the Pfizer pill is limited, according to von Delft. Covid cases have surged again this holiday season, with the rise of a new variant called JN.1 reminding us that the virus is still changing to evade the immunity we've built up so far. Just before Christmas, UK authorities said about one in every 24 people in England and Scotland had the disease. An accessible antiviral could help people return to work more quickly, and it could also be tested as a potential treatment for long Covid. "We know from experience in viral disease that there will be resistance variants evolving over time," von Delft said. "We'll need more than one."

Apple's hiring of a key engineer 10 years ago helped spark a fight that led its watch to be banned from the US. From a report: At about 1 a.m. California time in 2013, a scientist emailed Apple Chief Executive Officer Tim Cook with an irresistible pitch. "I strongly believe that we can develop the new wave of technology that will make Apple the No. 1 brand in the medical, fitness and wellness market," he wrote in the email, which was later included in legal documents. Some 10 hours after the message was sent, an Apple recruiter was in touch. And just weeks after that, the engineer was working at the tech company on a smartwatch with health sensors.

A flurry of activity began. Within a few months at Apple, the employee asked the company to file about a dozen patents related to sensors and algorithms for determining a person's blood-oxygen level from a wearable device. But this wasn't just any engineer. He had been the chief technical officer of Cercacor Laboratories, the sister company of Masimo, which went on to get to the US to ban the Apple Watch. Apple's decision to hire this technical whiz -- a Stanford engineering Ph.D. named Marcelo Lamego -- is seen as the spark that sent Masimo's lawyers after Apple. While the iPhone maker denies it did anything wrong, Masimo cited the poaching of employees as part of claims that the iPhone maker infringed its patents. The dispute culminated this month in Apple having to pull its latest watches from the company's US stores, hobbling a business that generates roughly $17 billion in annual sales. On Wednesday, Apple scored a victory as a U.S. appeals court paused a government commission's import ban on some of its popular Apple smartwatches.

A U.S. computer scientist on Wednesday lost his bid to register patents over inventions created by his artificial intelligence system in a landmark case in Britain about whether AI can own patent rights. From a report: Stephen Thaler wanted to be granted two patents in the UK for inventions he says were devised by his "creativity machine" called DABUS. His attempt to register the patents was refused by Britain's Intellectual Property Office on the grounds that the inventor must be a human or a company, rather than a machine. Thaler appealed to the UK's Supreme Court, which on Wednesday unanimously rejected his appeal as under UK patent law "an inventor must be a natural person."

"This appeal is not concerned with the broader question whether technical advances generated by machines acting autonomously and powered by AI should be patentable," Judge David Kitchin said in the court's written ruling. "Nor is it concerned with the question whether the meaning of the term 'inventor' ought to be expanded ... to include machines powered by AI which generate new and non-obvious products and processes which may be thought to offer benefits over products and processes which are already known." Thaler's lawyers said in a statement that "the judgment establishes that UK patent law is currently wholly unsuitable for protecting inventions generated autonomously by AI machines."

An anonymous reader quotes a report from the New York Times: Apple said on Monday that it would pause sales of its flagship smartwatches online starting Thursday and at retail locations on Christmas Eve. Two months ago, Apple lost a patent case over the technology its smartwatches use to detect people's pulse rate. The company was ordered to stop selling the Apple Watch Series 9 and Watch Ultra 2 after Christmas, which could set off a run on sales of the watches in the final week of holiday shopping. The move by Apple follows a ruling by the International Trade Commission in October that found several Apple Watches infringe on patents held by Masimo, a medical technology company in Irvine, Calif.

In court, Masimo detailed how Apple poached its top executives and more than a dozen other employees before later releasing a watch with pulse oximeter capabilities -- whichmeasures the percentage of oxygen that red blood cells carry from the lungs to the body -- that were patented by Masimo. To avoid a complete ban on sales, Apple had two months to cut a deal with Masimo to license its technology, or it could appeal to the Biden administration to reverse the ruling. But Joe Kiani, the chief executive of Masimo, said in an interview that Apple had not engaged in licensing negotiations. Instead, he said that Apple had appealed to President Biden to veto the I.T.C. ruling, which Mr. Kiani knows because the administration contacted Masimo about Apple's request. "They're trying to make the agency look like it's helping patent trolls," Mr. Kiani said of the I.T.C.

Mr. Kiani said that he was willing to sell Apple a chip that Masimo had designed to provide pulse oximeter readings on the Apple Watch. The chip is currently in a Masimo medical watch, called the W1, that is approved by the Food and Drug Administration. The device uses algorithms to process red and near-infrared light to determine how oxygen-rich is the blood in arteries. "If they don't want to use our chip, I'll work with them to make their product good," Mr. Kiani said. "Once it's good enough, I'm happy to give them a license." Apple introduced its first watch with pulse oximetry in 2020. It has included the technology, which it calls "blood oxygen," in subsequent models. But unlike Masimo's W1 device, Apple hasn't had its watches cleared by the F.D.A. for use as a medical device for pulse oximetry. "The Apple Watch accounts for nearly $20 billion of the company's $383.29 billion in annual sales," notes the NYT. The company is the largest smartwatch seller in the world, accounting for about a third of all smartwatch sales.