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Masimo Files Patent Infringement Suit Against Philips
Date:2/3/2009

IRVINE, Calif., Feb. 3 /PRNewswire-FirstCall/ -- Masimo (Nasdaq: MASI), the inventor of Pulse CO-Oximetry and Measure-Through Motion and Low-Perfusion pulse oximetry, today announced that it has filed a patent infringement suit against Philips Electronics North America Corporation and Philips Medizin Systeme Boblingen Gmbh related to Philips FAST pulse oximetry technology and certain Philips patient monitors. The suit was brought in the United States District Court for the District of Delaware. Two patents at issue in this suit, related to Masimo's measure-through-motion technology, were successfully enforced in a previous suit by Masimo against Nellcor.

Masimo Founder and CEO, Joe E. Kiani, stated: "Given that Philips and Masimo have a long-term business relationship, we have patiently tried to resolve our differences regarding Philips' infringement of Masimo's patents without seeking the courts' intervention. Unfortunately, since our best efforts have not been successful, we believe we have no choice but to rely on the courts to resolve this dispute."

Masimo and Philips continue to be engaged in a long-term OEM agreement. Masimo intends to comply with the terms of the agreement, continuing to provide Philips with Masimo SET(R) technology for integration into Philips monitoring products, to the benefit of both companies' mutual customers.

About Masimo

Masimo (Nasdaq: MASI) develops innovative monitoring technologies that significantly improve patient care--helping solve "unsolvable" problems. In 1995, the company debuted Measure-Through Motion and Low-Perfusion pulse oximetry, known as Masimo SET(R), which virtually eliminated false alarms and increased pulse oximetry's ability to detect life-threa
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