Apple Is One Juror Shy of Defeating Masimo Trade-Secret Theft Case

Apple Inc. apparently is close to winning a trial in which Masimo Corp. claims Apple Watch models were developed using stolen trade secrets and is seeking almost $2 billion in damages.

(Bloomberg) — Apple Inc. apparently is close to winning a trial in which Masimo Corp. claims Apple Watch models were developed using stolen trade secrets and is seeking almost $2 billion in damages.

Jurors on Monday told a judge they’ve reached an impasse in deliberations, with six out of seven panelists in favor of clearing the iPhone maker of illegally profiting from its competitor’s technology.

US District Judge James Selna in Santa Ana, California, told the jury to keep deliberating.

Apple’s Damages Exposure Cut as Masimo Secrets Case Goes to Jury

In their second note to the judge since deliberations began Wednesday, the jurors asked, “What do we do now? She will not change.”

It’s unusual for jurors to report on a vote in their closed-door deliberations as judges routinely warn them against doing so. Selna reiterated that in this case, sternly telling the jurors not to report any votes in the future.

The judge said he wouldn’t give a so called Allen charge, which urges jurors to reach a consensus, saying he thinks it’s too coercive. Apple’s lawyer, Joe Mueller, said he’d like the judge to give the Allen charge.

(Updates with details of impasse)

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