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FOR IMMEDIATE RELEASE
September 7, 2005

CONTACT:
Sara McKibben
949-721-2941
Sara.McKibben@kmob.com

APPEALS COURT UPHOLDS $164.5 MILLION JUDGMENT IN PATENT CASE
SURROUNDING WIDELY USED MEDICAL DEVICE TECHNOLOGY

Irvine, California - Knobbe Martens Olson & Bear LLP announced today that the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. has affirmed a $164.5 million judgment in favor of its client, Masimo Corporation. The judgment was based on a Los Angeles jury's 2004 verdict that Tyco Healthcare unit Nellcor Puritan Bennett Corp. had infringed three of Masimo's patents on signal processing technology used in pulse oximeters, which are medical devices that allow clinicians to obtain accurate oxygen saturation and pulse rate values. The Federal Circuit further instructed the lower court to enter a permanent injunction halting further infringement of those patents by Nellcor.

"Masimo and the firm are obviously pleased with the Court's decision today," said Joseph Re, partner with Knobbe Martens and lead attorney on the case. "It upholds the jury's verdict that Masimo invented and patented pulse oximeters that read through patient motion."


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. Founded in 1962, the firm is one of the largest intellectual property law firms in the United States.

More information about the firm can be found on its Web site:
www.kmob.com