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Masimo Corporation v. True Wearables, Inc.

Docket 21-2146, U.S. Court of Appeals, Federal Circuit (July 16, 2021)
Patent
Case Type830 Patent
Tags830 Patent, 830 Patent
Plaintiff - Appellee MASIMO CORPORATION
Plaintiff - Appellee CERCACOR LABORATORIES, INC.
Defendant - Appellant TRUE WEARABLES, INC.
...
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Nonprecedential OPINION

Document Masimo Corporation v. True Wearables, Inc., 21-2146 (Fed. Cir. Jan. 24, 2022)
Also MASIMO CORPORATION v. TRUE WEARABLES, INC. represented by MICHAEL A. ERBELE, PAIGE STRADLEY; RYAN JAMES FLETCHER, Denver, CO; PETER GERGELY, New York,
In the Ninth Circuit, a court may enter a preliminary injunction “if the moving party demonstrates either a combination of probable MASIMO CORPORATION v. TRUE WEARABLES, INC. success on the merits and the possibility of irreparable in- jury or that serious questions are raised and the balance of hardships tips sharply in his favor.” Johnson v. California State Bd.
More specifically, TW argues that the district court erred in finding that Masimo was likely to show that the TSS derives economic value from not being publicly known, and in denying TW’s motion for reconsideration, which was addressed to that issue.
In addition to its arguments based on the IEEE conference paper, TW points to testimony from its expert, Thomas Goldstein, stating that variants of the TSS have appeared in statistics text- books since the early 1960s.
“At best,” MASIMO CORPORATION v. TRUE WEARABLES, INC. the court added, “the articles could be a basis for determin- ing that the TSS was ‘readily ascertainable.’”1 Id. TW argues that the district court’s statement “improp- erly deemed evidence of publication of the alleged trade se- cret irrelevant as a matter of law to whether it is ‘generally known’ under the CUTSA.” Appellant’s Br.
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No. 16 NOTICE OF NON-COMPLIANCE: The submission of Appellees Cercacor Laboratories, Inc. and Masimo ...

Document Masimo Corporation v. True Wearables, Inc., 21-2146, No. 16 (Fed. Cir. Aug. 2, 2021)
August 2, 2021 2021-2146 - Masimo Corporation v. True Wearables, Inc.
Your submitted document (Entry of Appearance) is not in compliance with the rules of this court.
Within five business days from the date of this notice, please submit a corrected version of this document correcting the following: • Counsel Stephen C. Jensen and Perry D. Oldham listed on the Entry of Appearance have not registered for an electronic filer account with this court's electronic filing system.
A party's failure to timely file a corrected document curing all defects identified on this notice may result in this document being stricken.
An appellant or petitioner's failure to cure a defective filing may also result in the dismissal of the appeal.
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No. 7 Corrected Docketing Statement for the Appellants True Wearables, Inc. and Marcelo Lamego

Document Masimo Corporation v. True Wearables, Inc., 21-2146, No. 7 (Fed. Cir. Jul. 23, 2021)
USDC for Central Dist of CA 8:18-cv-02001 Patent/Trade Secret Originating Number Type of Case Relief sought on appeal: [:1 None/Not Applicable Appellants ask this Court to lift the preliminary injunction entered by the district court on 4/28/21 to the extent it requires True Wearables to take steps to prevent publication of its patent applications. Relief awarded ...
None/Not Applicable Issues to be raised on appeal: El None/Not Applicable Whether the district court erred in granting a preliminary injunction requiring True Wearables to take steps to prevent publication of certain of its US.
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No. 1

Document Masimo Corporation v. True Wearables, Inc., 21-2146, No. 1 (Fed. Cir. Jul. 16, 2021)

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