Apple CEO Cook May Testify at Trade-Secret Trial, Judge Says (1)

Masimo Corp. failed to block Apple Inc. CEO Tim Cook’s testimony about an emailed reference to “smart recruiting,” which Apple says the medical device maker will use in next week’s trial to “falsely suggest” support for its trade-secret theft claims.

If Masimo plans to argue “that Apple engaged in ‘smart recruiting’ to misappropriate trade secrets, to avoid the prejudice that would likely arise from a reverse empty chair defense if Cook is absent from trial, Apple may call Cook to rebut” that argument, Judge James V. Selna said in an order issued Tuesday in the US District Court for the ...