January 19, 2025 • 22 mins
In Episode 5 of Patent Insider Secrets, From Grit to Gold: The Relentless Entrepreneur, we uncover the incredible story of Joe Kiani, founder of Masimo, and his relentless fight against Apple in one of the most high-stakes intellectual property battles of our time. From building a pioneering medical device company to taking on a tech giant over stolen IP, this episode dives into the resilience, strategy, and grit required to defend innovation and win. This is the ultimate masterclass in IP enforcement and defense.
Show Notes:
- Episode Title: From Grit to Gold: The Relentless Entrepreneur
- Key Topic: Pillar 3 of IP Strategy – IP Enforcement & Defense
- Featured Story: Joe Kiani’s battle with Apple over Masimo’s pulse oximetry technology used in the Apple Watch
- What You'll Learn:
- The stakes of defending intellectual property against industry titans
- How small businesses can enforce IP rights in the face of immense challenges
- The role of persistence, innovation, and strategic legal action in achieving victory
- Highlights:
- The origins of Masimo and its revolutionary pulse oximetry technology
- Apple’s alleged poaching and IP infringement
- Joe Kiani’s relentless journey through lawsuits, setbacks, and ultimate triumph
- Call to Action: Like and subscribe. Stay tuned for insights, lessons, and a story that will inspire any entrepreneur, inventor, or innovator to fight for their creations.
In Episode 5, From Grit to Gold: The Relentless Entrepreneur, we cover Joe Kiani’s inspiring journey from small business owner to IP champion. Discover how his company, Masimo, took on Apple in a high-stakes battle over stolen technology for the Apple Watch and emerged victorious. A true testament to the power of grit and determination.
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Tariq Najee-ullah, Patent Insider (00:04):
Um,
Welcome to Patent Insider Secrets,episode five, The Grit to Win, the story
of an entrepreneur's fight for survival.
(00:25):
This is Tariq Najee-ullah.
Welcome to Patent Insider Secrets, wherewe bring you stories from the hidden
world of intellectual property andthe epic battles fought to protect it.
I'm your host, Tariq Najee-ullah,veteran USPTO patent examiner, patent
agent, and your guide through thefive pillars of intellectual property.
(00:47):
Over the past few episodes, we'vecovered the importance of having an IP
asset mindset, developing and fortifyingthose assets, enforcing and defending
those assets, and then commercializingthem to their fullest potential.
But today, today we're talkingabout grit, the sheer determination
to keep going when all seems lost.
(01:13):
So today's story is about a small townAmerican with little more than a dream,
, and he built his empire from the groundup only to find himself in a David versus
Goliath fight, the massive corporation.
This is a story of betrayal, setbacks,and ultimately a hard fought victory.
Make sure you like andsubscribe to the podcast.
So you can get more information like this.
And here we go, we're goingto get right into the story.
(01:33):
I want you to imagine, it's the 1980s.
Imagine being in America with nothingbut a few dollars in your pocket, an idea
in your mind, and hope in your heart.
That was the reality for Jimmy.
A boy from a small town, Jimmyworked tirelessly, starting with
odd jobs and saving every penny.
Starting from his garage,
(01:55):
slowly he built his success.
We'll call his company for thisstory, Tech Innovators, Inc.
A small but growing companyfocused on revolutionary tech in
the software and hardware sectors.
As his company grew, he began winning.
He felt like he accomplished his dream.
(02:16):
He was on his way on riding the rocketship, getting that hockey stick.
Becoming a unicorn company, winning,winning again and winning more and
getting to the back, getting the money.
But it's at this very moment that thingsstarted to get a little challenging.
(02:38):
Seeing Hollywood stuff likethis, Jimmy said, this is it.
We created something groundbreaking.
Our tech would change theway the world operates.
And just like that, Jimmy'stech started getting attention.
His company was small, buthis innovation was disrupted.
It wasn't long before huge multinationalcorporations came knocking at his door.
(02:59):
They wanted to collaborate tolicense Jimmy's tech and to help
them break into this new sector.
But things didn't go as planned.
Instead of licensing his tech, thiscompany made a move Jimmy didn't expect.
They poached his best engineers, offeringthem salaries Jimmy couldn't compete with.
And then to add insult to injury,they started filing competing
(03:21):
patents based on Jimmy's technology.
And then came the lawsuits.
One after another, this giant corporationchallenged the validity of Jimmy's
patents, dragging him through the courts.
They're playing dirty, tryingto invalidate the very patents
that protected his life's work.
(03:42):
I'm sure Jimmy wastalking to the legal team.
He's like, they're claimingmy patents are invalid.
How is this even possible?
When we developed this tech years ago,and now they're using it against us?
I know, Jimmy, butthey've got deep pockets.
They're betting you'll run out ofmoney before you can fight back.
Don't give up just yet.
(04:02):
We still have options.
And that's exactly what Jimmy did.
He fought back.
He wasn't letting win that easily.
He had built this business fromnothing, and he wasn't about to
let it crumble without a fight.
So he dug in his heels.
He started filing new patents,innovating even further.
He appealed every loss, pushedthrough every legal challenge,
(04:24):
and despite the odds, despitethe financial burden, he fought.
He fought.
And I can imagine his leadership,how he galvanized his team.
I know this is hard.
I know it feels like we're up againsta wall, but this is what they want.
They want us to give up.
We can't.
We're going to keep fighting, keepbuilding, and prove to them that
they cannot steal what we've created.
(04:47):
And after several losses and challenges,years went by, and Jimmy took losses.
But then he also gained ground.
Bit by bit, he built his caseand finally, after nearly a
decade of struggle, it happened.
Jimmy won.
He crippled the cheating competitor,forcing them to settle and
secure the future of his company.
(05:09):
And I can imagine thiscalls a little different.
It's like, we did it, Jimmy.
They're offering a settlement, millionsin damages and a licensing agreement.
I mean, it's over.
We actually did it.
So this is the lesson.
This is a lesson of grit.
And this is what it looks like.
Nothing related tointellectual property is.
(05:32):
For the short term.
It's a long term.
In fact, to get a patent sometimestakes three to five years and a
patent only lasts for 20 years.
So you're building portfolios.
This is a long play whenyou're dealing with trademarks.
We do the copyright that thingshave to be managed and maintained.
Strategies had to be updated.
(05:52):
You're always in in the fight.
Enforcing a defense is litigation.
It's lawsuits.
It's courtrooms.
It's legal battles.
You have to have the tenacity,the fortitude for the long haul.
Because when your back is againstthe wall, when you're outgunned, when
(06:14):
you're outspent and nearly out ofhope, grit is what keeps you going.
You have to have faith in yourcreativity, in your ingenuity, and
you have to the spirit to fight.
Jimmy could have easily given up, hecould have sold out or walked away,
but instead he fought and he won.
And in doing so he secured not just hisown legacy, but the future of his company.
(06:35):
So this story isn't just about,you know, one man's perseverance.
It's a lesson for anyone whoholds intellectual property.
The IP landscape can be ruthless.
I mean, they're sharks.
They call it shark tank, right?
And sometimes companies with vastresources will do everything in their
power to take what isn't theirs.
(06:56):
But that's where grit comes in.
You have to fight for your IP, protect it,fortify it, and defend it at all costs.
In fact, this play iscalled willful infringement.
They willfully infringe, and theybet on you running out of money
before you actually enforce anything.
It's actually a calculated risk.
It's a calculated play.
(07:18):
So when you take the steps todefend yourself and when you do,
the rewards can be monumental.
Just like Jim, we're not onlysecure the massive victory, but
show that with determination, eventhe biggest players can be beaten.
, imagine that conversation.
You get to go to the Goliath and, , hearfrom CEO himself, look, Jimmy, we
(07:38):
didn't expect you to hold up this long.
You've been a thorn in our side.
Let's just settle.
You name the price.
And you can take the high road like Jimmy.
It's not about money.
It's about what's right.
You tried to take everythingfrom me, but I didn't back down.
Now we do this my way.
You'll pay damages and we'll discusslicensing agreement on my terms.
(07:59):
Fine.
Number one.
And this is a great story.
And while this mirrors a real lifestory, a real life battle, real
life is not as picture perfect.
So, speaking of grit, this storyactually mirrors the real life
battle of Joe Kiani, the billionairefounder and CEO of Massimo.
(08:24):
Now, Kiani is an immigrant whomoved from Iran to the United
States at the age of nine.
And over the past three decades,he built a company, Massimo, into
a medical technology powerhouse.
His most famous invention, the MassimoSET technology, which revolutionized
(08:44):
the way doctors measure pulseoximetry, is a critical tool for
monitoring patients oxygen levels.
So if you ever go to the hospital,and , they put the oxygen sensor on your
fingertip, or , they're getting your bloodpressure, and your oxygen levels, and
your blood, and those types of things,these sensors, They had the leading
technology for this medical technology,
(09:08):
but this journey isn't just aboutgroundbreaking innovation in 2019.
Apple.
Yes, that apple
approached Massimo to discuss apotential collaboration involving
this pulse of technology.
If , Apple released an Apple watch.
And they wanted to add thistech into their Apple watch.
(09:28):
So they wanted to create some kind ofsort of partnership, but things took
a turn when instead of what usuallyhappens in these, these are 2 billion
companies or, substantial companies,corporations that can, you're still
doing things in a legal way, but thingstook a turn when instead of striking the
typical licensing deal, Apple startedhiring massive most top engineers,
(09:52):
they post his employees, theyoffer them outlandish salaries.
And then immediately thereafter,they hired a waste engineering
team using these ulterior motives.
They had them file patents onsimilar technology, which ultimately
(10:12):
found its way into the Apple Watch.
Specifically, the health monitoringfeatures that measure blood oxygen levels.
Now, Kiani was a sincere businessman, andhe thought that Apple was negotiating in
good faith, so he opened up to them sothey could get a real licensing agreement.
So he felt betrayed, and he wasn'tjust up against any company.
(10:36):
Apple's one of the wealthiest companies
So they're one of the most largest,one of the largest and most
valuable companies in the world.
And this wasn't just a businessagreement, it was a direct
challenge to his life's work.
Determined to fight, Keanu filed multiplelawsuits accusing Apple of poaching his
(10:57):
employees and stealing trade secrets.
He alleged that Apple used those insideconnections to bypass licensing agreements
and infringe on Maslow's patents.
Over the years, the legal battleescalated with Massimo's pursuing
claims of patent infringement, theft oftrade secrets, and unfair competition.
When you look at these, , thetechnology , is uncanny.
(11:21):
It's the same.
Apple basically wanted to use,take Massimo's technology and
import it into their Apple Watch.
, of course, that means theApple Watch is more effective.
But the proper way to do thatis within a licensing agreement.
So imagine how this went legally.
That, I think Massimo is a multibillion dollar company at that point.
(11:43):
And you can see, Joe talking toa leadership team, to his board
and dealing with the legal team.
So this was all.
The minute they started hiring our people,Apple doesn't just want to collaborate.
They want to steal what we built.
We're talking about a behemoth, Joe.
I mean, this is Apple.
They're going to throw everything at us.
I don't care if the app we builtthis, they're not going to take
(12:05):
it from me without a fight.
They think they can just buy their waythrough anything, but we've under, they've
underestimated our tech and our grit.
I mean, Apple's like,Hey, we got the talent.
We got the money piecesof falling in place.
We need to make sure theseguys don't come after us.
I mean, if he pushes back, we'vegot legal muscle to handle it.
We have a war chest they can'tcompete with and it's just business.
(12:27):
So let's move quickly beforethey even know what's happening.
So once they get into the legalstrategy, Massimo is able to, , we've,
we can read the documents, we cansee the actual legal paperwork.
, we can see the legal fight.
We can go through the court of appeals.
We can see.
(12:48):
We can see what patentsare being challenged.
All of this is happening.
And so we can just use our imaginationto put , what the thought process
is as these lawsuits are beingfiled for Massimo, , their main
thing was looking at trademarks.
I mean, a trade secretsand patent infringement.
So I can imagine, , Joe's telling hislegal team, we've got them on trade
(13:12):
secrets and patent infringement.
What do we need, what dowe need to do to win this?
I mean, Joe is going to bea marathon, not a sprint.
Apple will try to bury us inpaperwork and draw this out.
But if we stick to the facts, our patents,our technology, we've got a strong case.
I don't care how long it takes.
We, we didn't spend decadesbuilding this company for them
to swoop in and take what's ours.
(13:33):
So the major turning point in this after,you know, Massimo suffered tremendous
losses, you know, having some of theirpatents invalidated, uh, was in 2023.
A major legal victory came whenthe U S international trade
commission, the ITC judge ruled.
in favor of Massimo, finding thatApple had infringed on several, several
(13:57):
of Massimo's pulse oximetry patents.
This was a landmark decisionthat validated Keanu's claims and
demonstrated that even the largestcorporations must respect IP rights.
Now, the battle continues with Massimoseeking compensation and damages
and likely, uh, possibly blocking.
Future Apple products fromusing the patent technology.
As of now, the legal drama isstill ongoing, even right now.
(14:20):
But Kiani's victory has sent shockwavesthrough the tech world and reminded
innovators that they can stand up toeven the most powerful competitors.
So now , how many other companies aregoing to stand up to Apple now that
they see that Massimo had some success?
And what ended up happening with thisparticular legal ruling was that the
Apple Watch, right before Christmastime in 2023, that the Apple Watch was
(14:41):
prohibited from being sold by Apple.
At a major time, , whenthey make a lot of profit.
And so what Apple did was a workaroundwhere they had basically disabled
that use of that technology, the pulseoximetry technology, so they could still
sell the watch, so it wasn't quite ascrippling a blow, but these, this is
(15:01):
giving you a real life, what happens.
In an intellectual property stalemate orin a battle when you're trying to enforce
your rights against a giant juggernaut.
So after the ITC ruling, you know,I'm sure that there was celebration.
In fact, I was, I sat in ona meeting, , that Joe Keini
(15:26):
had, he was a guest of the U.
S.
Inventor, , non profit group, and heshared the story, and I got to hear
it first from, , from his mouth.
, I'm sure they had a, theycelebrated, but it wasn't the end.
He was very well aware that itwasn't the end of the process.
, there was, I guess, a mention, , youcould say we did it, we showed them
that no matter how big or powerfulthey are, they can't steal from us.
And it took years, but weprotected our innovation.
(15:49):
And , it's not just a win for Massimo.
It's a message to everyentrepreneur out there.
Grit, perseverance, and protecting your IPcan bring down even the biggest companies.
What we did after, , wedid a little bonus dive.
This bonus dive is going to goa little bit deeper into today.
So,
(16:10):
unfortunately this is not anall well that ends well story.
, at the time of recording thispodcast, , Joe Kiani has resigned.
As the CEO of Massimo.
He is now the founder andformer CEO as of September 25th.
(16:30):
So his journey, , we've talked about himbeing an immigrant from Iran and coming
here at nine years old, starting up in agarage and building a global powerhouse.
With a net worth of over 500million, , and as a CEO, , being a
billionaire, his company took severallosses in this battle with Apple
(16:53):
and that troubled the investors.
So the board, , and some of hisshareholders, they ousted him
and as resolute as he, , he's a fighter.
He fought Apple.
He didn't have back down.
He took him to court.
He pushed them.
He went through the losses, eventhough Apple had endless resources.
(17:20):
But it also jeopardized , hisstanding with the company.
While Massimo managed to temporarily banthe sale of certain Apple watches in the
US, which was a massive win, , for thesmaller health tech company, the legal war
is far from over and it took blow afterblow to Massimo with Apple continuing
to fight back, filing counterclaims andtrying to invalidate Massimo's patents.
(17:44):
, in addition to, , continueto continuing to poach , his,
, engineers and former employees.
And just as, I think in January of2024, they had gotten to, , we're
dealing with an ITC ruling and tryingto work out selling with Apple.
Apple fought any type of settlement.
They were going to appealand a new challenge emerged.
(18:08):
He found himself, , Joe Kiani foundhimself , in a bitter proxy battle
with activist hedge fund, Paul, it's oncapital management, and they accused.
Massimo of governance failures and softchanges at the top, which culminated
in a shareholder vote that ultimatelyremoved him from the company's board.
And just days after , thisshareholder meeting, , Joe Kiani
(18:30):
announced his resignation as CEOof the very company he has founded.
I mean, this is heartbreaking.
So this is just letting you knowthat , this is not a storybook.
This is an ongoing process.
Of fighting for what you believein and defending your IP.
Now, Joe could have sold out.
(18:51):
He could have folded.
But he did.
And because of that, hisemployees still have jobs.
, the company still exists, but youcan see, , he could have reflected.
, I'm sure that was a hardthing to do, resign.
I can imagine , his thoughts.
Like he built a company withhis own two hands and in a
(19:12):
small measure changed the world.
And while this chapter isover, the fight isn't over.
Massimo will continue to pushboundaries and continue to
defend what's rightfully theirs.
And, , I asked Joel, what about Apple?
I'm sure he'd say.
We're still pursuing the case justbecause he's stepping down doesn't mean
(19:32):
that we stop protecting what we built.
So maximum will win.
Mark my words.
I'm sure that's his thought process.
But , this is just a lesson, a reallife lesson of what grit it takes to
stand up for your intellectual property.
, it shows all the nuance, shows all thehighs and lows, the peaks and valleys.
And we know that his fightisn't just about patents.
(19:53):
It's about grit, perseverance, andprotecting legacy, which he spent decades
building, even after stepping down.
Massimo continues to battle with Appleon the court, standing firm with the
belief that their IP was theirs andit would be defended no matter what.
And this is the kind ofpersistence that's the work.
Of success for every entrepreneur.
So whether you're an entrepreneurfighting for your innovations or
someone navigating the complex worldof intellectual property, grit.
(20:19):
Just as Jimmy and our imaginarystory fought back against Corporate
Titan, Keanu took on Apple for real.
And you must have the perseveranceto defend what you built.
IP paddles are not just aboutideas, they're about the future,
the survival of your business, andthe legacy you want to leave behind.
And so that's it for today's episodeof Patent Insider Secrets and for
(20:40):
, this five part series on the fivepillars of intellectual property.
Remember, intellectual propertyis more than just an asset.
It's a battle to protect what's yours.
And sometimes it takes grit,resilience, and unwavering determination
to fight And win that fight.
So join us next time as wecontinue our deep dive into the
(21:03):
world of intellectual property.
Where does it succeed?
, like and subscribe,, leave , your comments.
this is for all the entrepreneurs,business owners, founders,
creators, innovators out there.
If you're serious about turningyour ideas into powerful assets,
you want to understand thescience of owning your ideas.
Now's the time to take action.
For this podcast, like, subscribe, andjoin the Patent Insider Secrets community.
(21:27):
We have an online community.
We have the Patent InsiderAcademy, as well as, , the
Patent Insider Secrets community.
We have our five day, , IPMastery Challenge.
All these things are, opportunitiesfor you to join , and gain more
insight into these five pillars.
Also, how to apply them to your owncreativity, your own creative innovations.
(21:50):
So, like I said, like and subscribe, joinPatent Insider Secrets community, and see
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Don't miss out on the insights, the realworld stories, and the expert advice.
, we also have interviews with some experts.
We have masterclasses, everythingthat to, to really get into the
(22:13):
nuts and bolts and nitty gritty whenit comes to intellectual property.
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Subscribe today, share this episodeand become part of the community of
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, join us next time with that.
(22:33):
This is.
Patent Insider Secrets.
I'm your host Tariq Najee-ullah.
See you next time.
Okay.
Bye.
Um,
Welcome to Patent Insider Secrets,episode five, The Grit to Win, the story
of an entrepreneur's fight for survival.
(00:25):
This is Tariq Najee-ullah.
Welcome to Patent Insider Secrets, wherewe bring you stories from the hidden
world of intellectual property andthe epic battles fought to protect it.
I'm your host, Tariq Najee-ullah,veteran USPTO patent examiner, patent
agent, and your guide through thefive pillars of intellectual property.
(00:47):
Over the past few episodes, we'vecovered the importance of having an IP
asset mindset, developing and fortifyingthose assets, enforcing and defending
those assets, and then commercializingthem to their fullest potential.
But today, today we're talkingabout grit, the sheer determination
to keep going when all seems lost.
(01:13):
So today's story is about a small townAmerican with little more than a dream,
, and he built his empire from the groundup only to find himself in a David versus
Goliath fight, the massive corporation.
This is a story of betrayal, setbacks,and ultimately a hard fought victory.
Make sure you like andsubscribe to the podcast.
So you can get more information like this.
And here we go, we're goingto get right into the story.
(01:33):
I want you to imagine, it's the 1980s.
Imagine being in America with nothingbut a few dollars in your pocket, an idea
in your mind, and hope in your heart.
That was the reality for Jimmy.
A boy from a small town, Jimmyworked tirelessly, starting with
odd jobs and saving every penny.
Starting from his garage,
(01:55):
slowly he built his success.
We'll call his company for thisstory, Tech Innovators, Inc.
A small but growing companyfocused on revolutionary tech in
the software and hardware sectors.
As his company grew, he began winning.
He felt like he accomplished his dream.
(02:16):
He was on his way on riding the rocketship, getting that hockey stick.
Becoming a unicorn company, winning,winning again and winning more and
getting to the back, getting the money.
But it's at this very moment that thingsstarted to get a little challenging.
(02:38):
Seeing Hollywood stuff likethis, Jimmy said, this is it.
We created something groundbreaking.
Our tech would change theway the world operates.
And just like that, Jimmy'stech started getting attention.
His company was small, buthis innovation was disrupted.
It wasn't long before huge multinationalcorporations came knocking at his door.
(02:59):
They wanted to collaborate tolicense Jimmy's tech and to help
them break into this new sector.
But things didn't go as planned.
Instead of licensing his tech, thiscompany made a move Jimmy didn't expect.
They poached his best engineers, offeringthem salaries Jimmy couldn't compete with.
And then to add insult to injury,they started filing competing
(03:21):
patents based on Jimmy's technology.
And then came the lawsuits.
One after another, this giant corporationchallenged the validity of Jimmy's
patents, dragging him through the courts.
They're playing dirty, tryingto invalidate the very patents
that protected his life's work.
(03:42):
I'm sure Jimmy wastalking to the legal team.
He's like, they're claimingmy patents are invalid.
How is this even possible?
When we developed this tech years ago,and now they're using it against us?
I know, Jimmy, butthey've got deep pockets.
They're betting you'll run out ofmoney before you can fight back.
Don't give up just yet.
(04:02):
We still have options.
And that's exactly what Jimmy did.
He fought back.
He wasn't letting win that easily.
He had built this business fromnothing, and he wasn't about to
let it crumble without a fight.
So he dug in his heels.
He started filing new patents,innovating even further.
He appealed every loss, pushedthrough every legal challenge,
(04:24):
and despite the odds, despitethe financial burden, he fought.
He fought.
And I can imagine his leadership,how he galvanized his team.
I know this is hard.
I know it feels like we're up againsta wall, but this is what they want.
They want us to give up.
We can't.
We're going to keep fighting, keepbuilding, and prove to them that
they cannot steal what we've created.
(04:47):
And after several losses and challenges,years went by, and Jimmy took losses.
But then he also gained ground.
Bit by bit, he built his caseand finally, after nearly a
decade of struggle, it happened.
Jimmy won.
He crippled the cheating competitor,forcing them to settle and
secure the future of his company.
(05:09):
And I can imagine thiscalls a little different.
It's like, we did it, Jimmy.
They're offering a settlement, millionsin damages and a licensing agreement.
I mean, it's over.
We actually did it.
So this is the lesson.
This is a lesson of grit.
And this is what it looks like.
Nothing related tointellectual property is.
(05:32):
For the short term.
It's a long term.
In fact, to get a patent sometimestakes three to five years and a
patent only lasts for 20 years.
So you're building portfolios.
This is a long play whenyou're dealing with trademarks.
We do the copyright that thingshave to be managed and maintained.
Strategies had to be updated.
(05:52):
You're always in in the fight.
Enforcing a defense is litigation.
It's lawsuits.
It's courtrooms.
It's legal battles.
You have to have the tenacity,the fortitude for the long haul.
Because when your back is againstthe wall, when you're outgunned, when
(06:14):
you're outspent and nearly out ofhope, grit is what keeps you going.
You have to have faith in yourcreativity, in your ingenuity, and
you have to the spirit to fight.
Jimmy could have easily given up, hecould have sold out or walked away,
but instead he fought and he won.
And in doing so he secured not just hisown legacy, but the future of his company.
(06:35):
So this story isn't just about,you know, one man's perseverance.
It's a lesson for anyone whoholds intellectual property.
The IP landscape can be ruthless.
I mean, they're sharks.
They call it shark tank, right?
And sometimes companies with vastresources will do everything in their
power to take what isn't theirs.
(06:56):
But that's where grit comes in.
You have to fight for your IP, protect it,fortify it, and defend it at all costs.
In fact, this play iscalled willful infringement.
They willfully infringe, and theybet on you running out of money
before you actually enforce anything.
It's actually a calculated risk.
It's a calculated play.
(07:18):
So when you take the steps todefend yourself and when you do,
the rewards can be monumental.
Just like Jim, we're not onlysecure the massive victory, but
show that with determination, eventhe biggest players can be beaten.
, imagine that conversation.
You get to go to the Goliath and, , hearfrom CEO himself, look, Jimmy, we
(07:38):
didn't expect you to hold up this long.
You've been a thorn in our side.
Let's just settle.
You name the price.
And you can take the high road like Jimmy.
It's not about money.
It's about what's right.
You tried to take everythingfrom me, but I didn't back down.
Now we do this my way.
You'll pay damages and we'll discusslicensing agreement on my terms.
(07:59):
Fine.
Number one.
And this is a great story.
And while this mirrors a real lifestory, a real life battle, real
life is not as picture perfect.
So, speaking of grit, this storyactually mirrors the real life
battle of Joe Kiani, the billionairefounder and CEO of Massimo.
(08:24):
Now, Kiani is an immigrant whomoved from Iran to the United
States at the age of nine.
And over the past three decades,he built a company, Massimo, into
a medical technology powerhouse.
His most famous invention, the MassimoSET technology, which revolutionized
(08:44):
the way doctors measure pulseoximetry, is a critical tool for
monitoring patients oxygen levels.
So if you ever go to the hospital,and , they put the oxygen sensor on your
fingertip, or , they're getting your bloodpressure, and your oxygen levels, and
your blood, and those types of things,these sensors, They had the leading
technology for this medical technology,
(09:08):
but this journey isn't just aboutgroundbreaking innovation in 2019.
Apple.
Yes, that apple
approached Massimo to discuss apotential collaboration involving
this pulse of technology.
If , Apple released an Apple watch.
And they wanted to add thistech into their Apple watch.
(09:28):
So they wanted to create some kind ofsort of partnership, but things took
a turn when instead of what usuallyhappens in these, these are 2 billion
companies or, substantial companies,corporations that can, you're still
doing things in a legal way, but thingstook a turn when instead of striking the
typical licensing deal, Apple startedhiring massive most top engineers,
(09:52):
they post his employees, theyoffer them outlandish salaries.
And then immediately thereafter,they hired a waste engineering
team using these ulterior motives.
They had them file patents onsimilar technology, which ultimately
(10:12):
found its way into the Apple Watch.
Specifically, the health monitoringfeatures that measure blood oxygen levels.
Now, Kiani was a sincere businessman, andhe thought that Apple was negotiating in
good faith, so he opened up to them sothey could get a real licensing agreement.
So he felt betrayed, and he wasn'tjust up against any company.
(10:36):
Apple's one of the wealthiest companies
So they're one of the most largest,one of the largest and most
valuable companies in the world.
And this wasn't just a businessagreement, it was a direct
challenge to his life's work.
Determined to fight, Keanu filed multiplelawsuits accusing Apple of poaching his
(10:57):
employees and stealing trade secrets.
He alleged that Apple used those insideconnections to bypass licensing agreements
and infringe on Maslow's patents.
Over the years, the legal battleescalated with Massimo's pursuing
claims of patent infringement, theft oftrade secrets, and unfair competition.
When you look at these, , thetechnology , is uncanny.
(11:21):
It's the same.
Apple basically wanted to use,take Massimo's technology and
import it into their Apple Watch.
, of course, that means theApple Watch is more effective.
But the proper way to do thatis within a licensing agreement.
So imagine how this went legally.
That, I think Massimo is a multibillion dollar company at that point.
(11:43):
And you can see, Joe talking toa leadership team, to his board
and dealing with the legal team.
So this was all.
The minute they started hiring our people,Apple doesn't just want to collaborate.
They want to steal what we built.
We're talking about a behemoth, Joe.
I mean, this is Apple.
They're going to throw everything at us.
I don't care if the app we builtthis, they're not going to take
(12:05):
it from me without a fight.
They think they can just buy their waythrough anything, but we've under, they've
underestimated our tech and our grit.
I mean, Apple's like,Hey, we got the talent.
We got the money piecesof falling in place.
We need to make sure theseguys don't come after us.
I mean, if he pushes back, we'vegot legal muscle to handle it.
We have a war chest they can'tcompete with and it's just business.
(12:27):
So let's move quickly beforethey even know what's happening.
So once they get into the legalstrategy, Massimo is able to, , we've,
we can read the documents, we cansee the actual legal paperwork.
, we can see the legal fight.
We can go through the court of appeals.
We can see.
(12:48):
We can see what patentsare being challenged.
All of this is happening.
And so we can just use our imaginationto put , what the thought process
is as these lawsuits are beingfiled for Massimo, , their main
thing was looking at trademarks.
I mean, a trade secretsand patent infringement.
So I can imagine, , Joe's telling hislegal team, we've got them on trade
(13:12):
secrets and patent infringement.
What do we need, what dowe need to do to win this?
I mean, Joe is going to bea marathon, not a sprint.
Apple will try to bury us inpaperwork and draw this out.
But if we stick to the facts, our patents,our technology, we've got a strong case.
I don't care how long it takes.
We, we didn't spend decadesbuilding this company for them
to swoop in and take what's ours.
(13:33):
So the major turning point in this after,you know, Massimo suffered tremendous
losses, you know, having some of theirpatents invalidated, uh, was in 2023.
A major legal victory came whenthe U S international trade
commission, the ITC judge ruled.
in favor of Massimo, finding thatApple had infringed on several, several
(13:57):
of Massimo's pulse oximetry patents.
This was a landmark decisionthat validated Keanu's claims and
demonstrated that even the largestcorporations must respect IP rights.
Now, the battle continues with Massimoseeking compensation and damages
and likely, uh, possibly blocking.
Future Apple products fromusing the patent technology.
As of now, the legal drama isstill ongoing, even right now.
(14:20):
But Kiani's victory has sent shockwavesthrough the tech world and reminded
innovators that they can stand up toeven the most powerful competitors.
So now , how many other companies aregoing to stand up to Apple now that
they see that Massimo had some success?
And what ended up happening with thisparticular legal ruling was that the
Apple Watch, right before Christmastime in 2023, that the Apple Watch was
(14:41):
prohibited from being sold by Apple.
At a major time, , whenthey make a lot of profit.
And so what Apple did was a workaroundwhere they had basically disabled
that use of that technology, the pulseoximetry technology, so they could still
sell the watch, so it wasn't quite ascrippling a blow, but these, this is
(15:01):
giving you a real life, what happens.
In an intellectual property stalemate orin a battle when you're trying to enforce
your rights against a giant juggernaut.
So after the ITC ruling, you know,I'm sure that there was celebration.
In fact, I was, I sat in ona meeting, , that Joe Keini
(15:26):
had, he was a guest of the U.
S.
Inventor, , non profit group, and heshared the story, and I got to hear
it first from, , from his mouth.
, I'm sure they had a, theycelebrated, but it wasn't the end.
He was very well aware that itwasn't the end of the process.
, there was, I guess, a mention, , youcould say we did it, we showed them
that no matter how big or powerfulthey are, they can't steal from us.
And it took years, but weprotected our innovation.
(15:49):
And , it's not just a win for Massimo.
It's a message to everyentrepreneur out there.
Grit, perseverance, and protecting your IPcan bring down even the biggest companies.
What we did after, , wedid a little bonus dive.
This bonus dive is going to goa little bit deeper into today.
So,
(16:10):
unfortunately this is not anall well that ends well story.
, at the time of recording thispodcast, , Joe Kiani has resigned.
As the CEO of Massimo.
He is now the founder andformer CEO as of September 25th.
(16:30):
So his journey, , we've talked about himbeing an immigrant from Iran and coming
here at nine years old, starting up in agarage and building a global powerhouse.
With a net worth of over 500million, , and as a CEO, , being a
billionaire, his company took severallosses in this battle with Apple
(16:53):
and that troubled the investors.
So the board, , and some of hisshareholders, they ousted him
and as resolute as he, , he's a fighter.
He fought Apple.
He didn't have back down.
He took him to court.
He pushed them.
He went through the losses, eventhough Apple had endless resources.
(17:20):
But it also jeopardized , hisstanding with the company.
While Massimo managed to temporarily banthe sale of certain Apple watches in the
US, which was a massive win, , for thesmaller health tech company, the legal war
is far from over and it took blow afterblow to Massimo with Apple continuing
to fight back, filing counterclaims andtrying to invalidate Massimo's patents.
(17:44):
, in addition to, , continueto continuing to poach , his,
, engineers and former employees.
And just as, I think in January of2024, they had gotten to, , we're
dealing with an ITC ruling and tryingto work out selling with Apple.
Apple fought any type of settlement.
They were going to appealand a new challenge emerged.
(18:08):
He found himself, , Joe Kiani foundhimself , in a bitter proxy battle
with activist hedge fund, Paul, it's oncapital management, and they accused.
Massimo of governance failures and softchanges at the top, which culminated
in a shareholder vote that ultimatelyremoved him from the company's board.
And just days after , thisshareholder meeting, , Joe Kiani
(18:30):
announced his resignation as CEOof the very company he has founded.
I mean, this is heartbreaking.
So this is just letting you knowthat , this is not a storybook.
This is an ongoing process.
Of fighting for what you believein and defending your IP.
Now, Joe could have sold out.
(18:51):
He could have folded.
But he did.
And because of that, hisemployees still have jobs.
, the company still exists, but youcan see, , he could have reflected.
, I'm sure that was a hardthing to do, resign.
I can imagine , his thoughts.
Like he built a company withhis own two hands and in a
(19:12):
small measure changed the world.
And while this chapter isover, the fight isn't over.
Massimo will continue to pushboundaries and continue to
defend what's rightfully theirs.
And, , I asked Joel, what about Apple?
I'm sure he'd say.
We're still pursuing the case justbecause he's stepping down doesn't mean
(19:32):
that we stop protecting what we built.
So maximum will win.
Mark my words.
I'm sure that's his thought process.
But , this is just a lesson, a reallife lesson of what grit it takes to
stand up for your intellectual property.
, it shows all the nuance, shows all thehighs and lows, the peaks and valleys.
And we know that his fightisn't just about patents.
(19:53):
It's about grit, perseverance, andprotecting legacy, which he spent decades
building, even after stepping down.
Massimo continues to battle with Appleon the court, standing firm with the
belief that their IP was theirs andit would be defended no matter what.
And this is the kind ofpersistence that's the work.
Of success for every entrepreneur.
So whether you're an entrepreneurfighting for your innovations or
someone navigating the complex worldof intellectual property, grit.
(20:19):
Just as Jimmy and our imaginarystory fought back against Corporate
Titan, Keanu took on Apple for real.
And you must have the perseveranceto defend what you built.
IP paddles are not just aboutideas, they're about the future,
the survival of your business, andthe legacy you want to leave behind.
And so that's it for today's episodeof Patent Insider Secrets and for
(20:40):
, this five part series on the fivepillars of intellectual property.
Remember, intellectual propertyis more than just an asset.
It's a battle to protect what's yours.
And sometimes it takes grit,resilience, and unwavering determination
to fight And win that fight.
So join us next time as wecontinue our deep dive into the
(21:03):
world of intellectual property.
Where does it succeed?
, like and subscribe,, leave , your comments.
this is for all the entrepreneurs,business owners, founders,
creators, innovators out there.
If you're serious about turningyour ideas into powerful assets,
you want to understand thescience of owning your ideas.
Now's the time to take action.
For this podcast, like, subscribe, andjoin the Patent Insider Secrets community.
(21:27):
We have an online community.
We have the Patent InsiderAcademy, as well as, , the
Patent Insider Secrets community.
We have our five day, , IPMastery Challenge.
All these things are, opportunitiesfor you to join , and gain more
insight into these five pillars.
Also, how to apply them to your owncreativity, your own creative innovations.
(21:50):
So, like I said, like and subscribe, joinPatent Insider Secrets community, and see
how we're unlocking strategies to protect,develop, and commercialize your IP.
This podcast is your roadmap to navigatingthe world of IP with confidence.
Don't miss out on the insights, the realworld stories, and the expert advice.
, we also have interviews with some experts.
We have masterclasses, everythingthat to, to really get into the
(22:13):
nuts and bolts and nitty gritty whenit comes to intellectual property.
, this, this could take yourbusiness to the next level.
Subscribe today, share this episodeand become part of the community of
innovators and visionaries, , buildinga future one day, one idea at a time.
, thanks for rocking with me.
Thanks for checking us out.
, join us next time with that.
(22:33):
This is.
Patent Insider Secrets.
I'm your host Tariq Najee-ullah.
See you next time.
Okay.
Bye.
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