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FOR IMMEDIATE RELEASE |
Irvine, California - Knobbe Martens Olson & Bear LLP announced today that its client, Masimo Corporation of Irvine, California, has settled all existing patent litigation with Nellcor, a division of Tyco Healthcare. Under the settlement, Nellcor paid Masimo $265 million for damages through January 31, 2006. In addition, Nellcor made an advance royalty payment of $65 million related to sales of Nellcor's new products during the remainder of calendar year 2006. After January 31, 2006, Nellcor will no longer ship its oximeters that were found to infringe in the lawsuit, but will continue to provide service and sensors for previously sold products. Finally, Masimo has granted Nellcor the right to sell Nellcor's new line of pulse oximetry products in exchange for an on-going royalty.
The litigation involved patents on oximeters, which are widely used medical devices that allow clinicians to obtain oxygen saturation and pulse rate values. In March 2004, a Los Angeles jury had found that Nellcor infringed the patents and awarded Masimo $134 million for the infringements made through 2003. In September 2005, the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., affirmed that infringement finding as well as a judgment for $164.5 million, an amount which included infringements through May 2004. The appellate court also instructed the trial court to enter a permanent injunction against Nellcor. Lawyers at Knobbe Martens obtained the patents for Masimo and also handled both the trial and the appeal.
Joe Kiani, Masimo founder and one of the inventors, stated that "it was a pleasure to work with such an exceptional group of lawyers. On behalf of Masimo, I would like to thank the lawyers at Knobbe Martens, and specifically Stephen Jensen, Joseph Re, Jim Lesniak, Karen Weil, Jon Gurka, Joseph Cianfrani, Irfan Lateef, Brian Horne and Perry Oldham for their tireless dedication to Masimo and to this litigation."
“We were privileged to represent Masimo, and are pleased to have obtained this result for a true innovator in its field,” said Joseph Re, partner with Knobbe Martens and lead attorney on the case.
With over 200 lawyers and other professionals, Knobbe Martens Olson & Bear LLP represents
clients in all areas of intellectual property law and litigation. Clients include public
and private companies at various stages of growth, from start-up to the Fortune 500 worldwide.
Founded in 1962, the firm is one of the largest intellectual property law firms in the
United States. The firm has been recognized in international surveys for excellence in
all aspects of intellectual property law. In addition, several members of the firm have
been voted among the world's leading intellectual property lawyers.
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