Masimo Corp. Chief Executive Officer Joe Kiani, head of the medical device maker that has put Apple Inc.'s smartwatch on the brink of a US ban, said he'd be open to settling with the company.
The executive, speaking Tuesday on Bloomberg TV, said the “short answer is yes,” when asked if he'd settle, but he declined to say how much money he'd seek from Apple. Kiani said he would “work with them to improve their product.”
“They haven't called,” he said. “It takes two to tango.”
The International Trade Commission ruled earlier this year that the Apple Watch violates two Masimo patents related to blood-oxygen sensing. The ITC imposed an import ban on the Ultra 2 and Series 9 models that goes into effect Dec. 25.
The restriction only applies to Apple's own retail channels. Best Buy Co., Target Corp. and other resellers can continue to offer the products. But it's put Apple in the unusual situation of having to pull a big moneymaker off its shelves during the all-important holiday season. The Apple Watch generated about $17 billion in revenue in the last fiscal year.
“These guys have been caught with their hands in the cookie jar,” Kiani said.
The medical industry veteran said he last spoke to Apple in 2013, when the iPhone maker discussed acquiring his company or hiring him to help with its in-house technology efforts. Any settlement talks would need to include an “honest dialogue” and an apology, he said.
An Apple spokesperson said that the ruling from the ITC is erroneous and should be reversed. The company plans to appeal the decision.
Still, Apple is already preparing for the ban. It announced plans to pull the devices from its e-commerce site Thursday and will do the same at its physical retail stores on Christmas Eve.
Kiani
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