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Meet the CEO making it harder to buy an Apple Watch this Christmas

Aaron Mok   

Meet the CEO making it harder to buy an Apple Watch this Christmas
Joe Kiani, the CEO of Masimo, sued Apple for patent infringement related to his company's pulse oximeter.Business Wire
  • Apple is pulling its newest Apple Watches off the shelves by Christmas Eve.
  • That's due to a patent dispute with health-tech company Masimo over a blood oxygen tracker.

You may not be able to snag a new Apple Watch this holiday season, thanks to the tech behemoth's patent dispute with a lesser-known company, Masimo, over a blood oxygen tracker.

The iPhone maker is set to remove the Apple Watch Series 9 and Apple Watch Ultra 2 from its physical and online stores by Christmas Eve. The move comes after the International Trade Commission ruled in October that these latest watch versions include a blood oxygen tracker that violates patents held by Masimo, a health technology company.

"This is not an accidental infringement," Joe Kiani, the CEO and founder of Masimo, told Bloomberg. "This is a deliberate taking of our intellectual property." Kiani didn't respond to Business Insider's immediate request for comment before publication of this story.

The news has spurred many to ask how it'll affect Apple — with one analyst estimating it could cost the company between $300 to $400 million in sales — or indeed shoppers missing out on the new gadget. But there's another question that's surfacing: Who is Kiani, the Masimo leader going head-to-head with Apple? Scroll to find out more.

Joe Kiani was born in Iran and moved to the US when he was nine years old.

Joe Kiani was born in Iran and moved to the US when he was nine years old.
Joe Kiani with filmmaker Nicole Boxer (L) and Sarah Kiani, the Masimo CEO's wife.      Gregg Felsen/Getty Images

He moved to Alabama with his family in 1974 so his father could study engineering, Forbes reported, before relocating to San Diego, where his father pursued his MBA.

Two years after that move, Kiani's parents headed back to Iran for work, leaving him and his sister (aged 14 and 15) in the US. Kiani's mother was a nurse who visited villages and remote locations where residents didn't have access to healthcare, he said an interview with the Texas Medical Center.

By the late 1980s, Kiani had gained a bachelor's and master's in electrical engineering from San Diego State university.

By the late 1980s, Kiani had gained a bachelor
Kiani got his bachelors and masters in electrical engineering at San Diego State University.      Gregory Bull/AP

Kiani tried to go the pre-med route as a chemistry major, but stopped because he wasn't good at chemistry, he told the Texas Medical Center. Instead, he said was good at physics and decided to become an engineer.

After he graduated, he worked at a medical technology startup to work on a pulse oximeter: a device that monitors blood oxygen.

After he graduated, he worked at a medical technology startup to work on a pulse oximeter: a device that monitors blood oxygen.
Kiani left a med-tech company to start his own.      MANJUNATH KIRAN/Getty Images

He said he left the company at 23 because it wanted him to work on a making the pulse oximeter cheaper instead of making the existing technology more accurate, the CEO told the Texas Medical Center.

Later, Kiani started Masimo Corporation in 1989 in a garage in California with a $40,000 loan he took on his condo.

Later, Kiani started Masimo Corporation in 1989 in a garage in California with a $40,000 loan he took on his condo.
Kiani started Masimo in 1989.      MANJUNATH KIRAN

When Kiani started the company with the goal of improving pulse oxomiters, the CEO worked 7 days a week and only took two-four day weekends for seven years, he said during a 2013 commencement speech at Chapman University.

He led the development of Masimo's Signal Extraction Technology, a pulse oximeter that the company claims can accurately measure blood oxygen levels, especially when the patient is in motion.

Masimo went public in 2007 and now has a market cap of about $6 billion.

Masimo went public in 2007 and now has a market cap of about $6 billion.
Kiani's company had a market cap of about $6 billion as of December 20th.      MANJUNATH KIRAN/Getty Images

Masimo is now behind a slate of non-invasive patient monitoring devices that aim to improve patient safety and reduce the cost of care. Under Kiani's leadership, Masimo's devices were adopted by hospitals around the world.

When Kiani isn't leading Masimo, he focuses his efforts on healthcare advocacy.

Kiani has been advocating for improving patient safety outcomes for more than a decade.

Kiani has been advocating for improving patient safety outcomes for more than a decade.
Kiani on stage at the Patient Safety Movement Foundation summit.      Business Wire

In 2010, Kiani started the Masimo Foundation for Ethics, Innovation and Competition in Healthcare with the goal of improving patient safety and making advanced healthcare accessible across the world, according to Masimo.

A year after that, he created the Masimo Political Action Committee to influence healthcare policy, according to his AAE Speakers bio.

Then in 2013, he started the Patient Safety Movement Foundation & Coalition, which aims to reduce over 200,000 preventable patient deaths in US hospitals every year.

In 2021, Kiani was appointed by Joe Biden to the US President's Council of Advisors on Science and Technology.

In 2021, Kiani was appointed by Joe Biden to the US President
President Joe Biden giving the Masimo CEO a hug.      MediaNews Group/Orange County Register via Getty Images

PCAST is responsible for advising the President with knowledge in science and technology to inform public policy, according to the White House.

The CEO of Masimo received a compensation package of more than $16 million in 2022.

The CEO of Masimo received a compensation package of more than $16 million in 2022.
The Masimo CEO on the podium at the Patient Safety Summit.      MediaNews Group/Orange County Register via Getty Images

The package includes more than $9.8 million in stock awards, according to an SEC filing.

The CEO's net worth was $1.3 billion as of April of this year, according to Forbes.

Masimo has launched multiple lawsuits over patent infringement for its pulse oximeter technology

Masimo has launched multiple lawsuits over patent infringement for its pulse oximeter technology
CEO Kiani holding up a patient monitoring device.      MANJUNATH KIRAN/Getty Images

In 1999, Kiani sued Nellcor, a pulse oximetry manufacturer, for using its technology without his company's permission. In 2006, Masimo reached a settlement with Nellcor that totaled nearly $800 million in damages and royalties, Forbes reported.

In 2009, Masimo launched a similar lawsuit against Philips Electronics, a Dutch healthcare equipment company. Seven years later, Philips agreed to pay Masimo $300 million as part of their settlement agreement, according to the SEC.

Then, in April 2020, Masimo sued Apple for using its blood oxygen measurement technology in Apple Watches.

Then, in April 2020, Masimo sued Apple for using its blood oxygen measurement technology in Apple Watches.
This is the last week you will be able to get the Apple Watch Series 9 and Ultra 2 in Apple stores after an ITC ruling in favor of a patent dispute.      Ming Yeung/Getty Images

Kiani said that in 2013, Apple poached 25 of the medical technology company's engineers, including its chief medical officer and the CTO of a spinoff company, he told Bloomberg.

"They didn't have to steal our people. We could've worked with them," he told Bloomberg. "They could've been an example of how to do things right and do things well."

In regards to the ITC ruling, Kiani said he is open to reaching a settlement with Apple.

In regards to the ITC ruling, Kiani said he is open to reaching a settlement with Apple.
CEO Kiani standing behind a podium in the White House.      MediaNews Group/Orange County Register via Getty Images

Still, "There needs to be an apology" from Apple, Kiani told Bloomberg.

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