A Masimo spokesperson said in a statement that the company
was "disappointed that the jury was unable to reach a verdict" but
intends to retry the case.
The jury in federal court in Santa Ana had been asked to
determine whether Cupertino, California-based Apple misused confidential
information from Masimo related to the use of light to measure biomarkers
including heart rates and blood oxygen levels.
The jury began deliberating on April 26 after a trial
lasting about three weeks before US District Judge James Selna.
Apple said in a statement that it "deeply respects
intellectual property and innovation and does not take or use confidential
information from other companies," and will ask the court to dismiss the
remaining claims in the case.
Irvine, California-based Masimo and its spinoff Cercacor
Laboratories Inc sued Apple in 2020, accusing it of stealing trade secrets and
using them to create and sell several Apple Watch models.
The lawsuit claimed Masimo representatives met with Apple in
2013 about integrating its inventions into Apple products and that Apple
subsequently hired away two executives - one from Masimo and one from Cercacor
- and used their knowledge to copy the technology.
Masimo asked for more than $1.8 billion in damages, reduced
from its initial request for $3.1 billion after the judge dismissed some of its
trade-secret claims during trial.
Apple in a court filing called Masimo's lawsuit a
"maneuver to clear a path" for its own smartwatch. Apple sued Masimo
in Delaware last year, accusing it of patent infringement.
Smartwatches, mobile devices worn on the wrist with an array
of capabilities, are a lucrative market, with global sales worth tens of
billions of dollars.
Masimo has also sued Apple at the US International Trade
Commission over Apple Watch imports that it said violated its patent rights. An
ITC judge preliminarily ruled in favor of Masimo in January, which could lead
to an import ban on infringing Apple Watches if the full commission affirms the
decision.
Apple is facing another potential Apple Watch import ban in
a separate patent fight with Mountain View, California-based medical device
maker AliveCor over heart-monitoring technology. © Reuters