Joseph R. Re

For over 30 years, Joseph R. Re has practiced trial and appellate law at Knobbe, Martens, Olson & Bear for high-tech companies including both patent holders and accused infringers. His client roster includes Masimo Corp., Personal Genome Diagnostics Inc., Pavemetrics Systems Inc. and Monster Energy Co.

Since 1990, he has authored appellate briefs on behalf of the American Intellectual Property Law Association as amicus curiae at the U.S. Supreme Court and various appellate courts.

Among his longstanding clients is Irvine-based medical technology company Masimo, the maker of pulse oximetry measurement devices, brain function monitoring equipment and other gear for noninvasive patient observation.

“They came to us in 1991 with their first patent application,” Re said. “In representing them, we have momentum.”

A current case for Masimo appears to be a salvo in a new war with Apple Inc. over the emerging wearables market. Apple’s latest Watch 6 Series measures blood oxygen levels, a technology at which Masimo has long excelled.

“This looks like the beginning of a long fight with Apple,” Re said. “Along with this case, we have five patent claims pending against Apple at the International Trade Commission.”

At first, it was no surprise when Masimo asked Re to handle a case accusing of trade secret misappropriation of a former executive who founded a rival company and allegedly took proprietary Masimo information with him related to an algorithm used in devices that determine various physiological values. Re sued on Masimo’s behalf and represented the company at a bench trial in the Central District. Masimo Corp. et al. v. True Wearables Inc. and Marcelo Lamego, 8:18-cv-02001 (C.D. Cal., filed Nov. 8, 2018).

It appeared to be a relatively routine matter—until it emerged in court that larger forces, including Apple Inc. and a biosensing research company with which its affiliated, were in the defendant’s corner.

“True Wearables got help,” Re said. “They have no money and yet they fought like hell. The judge [James V. Selna of Santa Ana] wanted to know why the case wasn’t settling. It turned out from testimony in court that money for their lawyers and experts was coming from our litigation adversaries at Apple and its partner Rockley Photonics,” a British firm that makes Apple Watch sensors.

The True Wearables case remains in progress with closing arguments set for May.

“Big picture: Apple wants to expand into the wellness market while Masimo is looking at consumer products,” Re said. “Our trade secrets claims are part of a larger proxy battle here.”

– John Roemer