In the Spring of 2023, I met Joe Kiani, an inventor and owner of Masimo. I flew from Denver to Orange County with the one intention of sharing my story with Joe and with Congressman Correa. Little did I know I was about to meet my biggest hero.
The Masimo building is a spectacle! The big glass windows and dramatic entry way make you feel like you are in a movie! I was later told that the Masimo building was used in the popular movie “Ironman!” How poetic!
That day I sat in a large conference room. Gathered at the table was Joe, his attorneys, Rep Correa, his assistant, and a few others. Joe proceeded to tell his story. I couldn’t believe my ears. Joe was telling a story so similar to mine it was like hearing my own story! His story involved a possible and exciting partnership with Apple, then Apple deceiving him, stealing his employees and his IP, leaving Joe with the option of walking away with his tail between his legs, or option of fighting. Joe fought, like I did. But unlike myself, Joe was surviving.
That day when I told my similar IPR experience I told it with a new sense of confidence and feeling of being understood. Joe went through this too. I didn’t feel alone, and I didn’t feel stupid anymore.
Joe started his company, pre-AIA. He has expressed socially how this is attributed to the growth of his company. Patent law “worked” prior to 2012. What he means by that is simple. When an infringer stole your IP prior to the America Invents Act of 2011, the patent owner was able to get a day in court. A day in court means there is a judge, a jury, due process, witness testimony and at one-point injunctive relief−before the 2006 Supreme Court Decision, eBay vs MercExchange. This provided a fair process for both parties.
Joe was able to build a strong foundation for Masimo because of this. Unfortunately for a lot of start-ups like mine that started their companies closer to 2012, they did not have the opportunity Joe did with IP protection.
Since 2012 Joe has been fighting Apple. He has spent over 12 million dollars defending his patents and unjustly losing his patents to Apple. Joe has something I didn’t have, nor do most start-ups. He has a patent portfolio and financial backing to “play this game.” So does Apple. Joe has something Apple doesn’t: integrity and 80,000 US Inventor members on his side.
Joe’s fight right now is lighting a huge fire underneath me and thousands of other inventors in this country. This can cause a tsunami against large corporations that have a history of squashing the little guys.
Small inventors who have lost their patents have no fight in this game, but they have a voice and the spirit to be with Joe in this fight. Joe, you are Ironman right now. You have taken the courage to take a bite of the Apple. We are all in debt to you.
Show your support to Joe by joining inventors and small business owners on January 17th. Joe will be telling his story on a zoom call. It is free to join, but you must register soon!
Date: Wednesday, January 17th, 2024
Time: 5pm ET; 4pm CT; 3pm MT; 2pm PT
REGISTER: https://us02web.zoom.us/webinar/register/WN_BKV4Eq3UTuGkXeiGEzKHGQ
