Tyco's Nellcor Unit Will Appeal Jury Verdict on Patent Lawsuit Brought by Masimo
March 26 2004 - 4:42PM
PR Newswire (US)
Tyco's Nellcor Unit Will Appeal Jury Verdict on Patent Lawsuit
Brought by Masimo PEMBROKE, Bermuda, March 26
/PRNewswire-FirstCall/ -- Tyco International Ltd. today announced
that its Tyco Healthcare business unit Nellcor, market leader and
global innovator of intelligent pulse oximetry solutions, will
challenge the jury's decisions of willful patent infringement and a
$134.5 million damage award in post-trial motions, and, if
necessary, in an appeal to the Court of Appeals for the Federal
Circuit (CAFC). The damage award may be subject to a potential
increase by the trial court. Nellcor will ask the court to rule
that its 4th and 5th generation pulse oximetry technologies do not
infringe patents of Masimo Corp., Irvine, Calif., that cover
itsSET(R) signal processing technology. Nellcor's and Masimo's
technologies are used in medical devices, often in hospitals, to
monitor the oxygen level in blood. This is not the first time
Masimo has asserted patent infringement claims against Nellcor.In
October 2000 and August 2001, two federal courts (including the
CAFC) ruled that Nellcor technology involved in the present case
did not infringe Masimo's adaptive filter SET patent, USP
6,036,642. The CAFC held that Nellcor's technology was "truly
different" (18 Fed. Appx. 852, 857 (Fed. Cir. 2001)). The jury in
the present case was not allowed to consider those prior rulings.
"The jury decision is only one step in the legal process," said
David Sell, president, Nellcor. "Once again, we are prepared to
present our position, if necessary, before the CAFC on a Masimo
patent claim." Nellcor, a part of Tyco Healthcare, is dedicated to
developing innovative, clinically relevant medical products with an
emphasis on noninvasive patient safety monitoring and respiratory
care. Nellcor is the world's foremost supplier of pulse oximetry
and airway management products. For more information, visit
http://www.nellcor.com/. Tyco International Ltd. is a diversified
manufacturing and service company. Tyco is the world's leading
provider of both electronic security services and fire protection
services; the world's leading supplier of passive electronic
components; a world leader in the medical products industry; and
the world's leading manufacturer of industrial valves and controls.
Tyco also holds a strong leadership position in plastics and
adhesives. Tyco operates in more than 100 countries and had fiscal
2003 revenues from continuing operations of approximately $37
billion. FORWARD-LOOKING STATEMENTS This release may contain
certain "forward-looking statements" within the meaning of the
United States Private Securities Litigation Reform Act of 1995.
These statements are based on management's current expectations and
are subject to risks, uncertainty and changes in circumstances,
which may cause actual results, performance or achievements to
differ materially from anticipated results, performance or
achievements. All statements contained herein that are not clearly
historical in nature are forward-looking and the words
"anticipate," "believe," "expect," "estimate," "plan," and similar
expressions are generally intended to identify forward-looking
statements. The forward-looking statements in this release include
statements addressing the following subjects: outcome of
litigation. Economic, business, competitive and/or regulatory
factors affecting Tyco's businesses are examples of factors, among
others, that could cause actual results to differ materially from
those described in the forward-looking statements. More detailed
information about these and other factors is set forth in Tyco's
Quarterly Report on Form 10-Q for the fiscal quarter ended December
31, 2003. Tyco is under no obligation to (and expressly disclaims
any such obligation to) update or alter its forward-looking
statements whether as a result of new information, future events or
otherwise. Contacts: News Media Gwen Fisher, 609-720-4387 Investor
Relations Ed Arditte, 609-720-4621 John Roselli, 609-720-4624
DATASOURCE: Tyco International Ltd. CONTACT: News Media, Gwen
Fisher, +1-609-720-4387, or Investor Relations, Ed Arditte,
+1-609-720-4621, or John Roselli, +1-609-720-4624, all of Tyco
International Ltd. Web site: http://www.tyco.com/ Company News
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