Healthcare Industry News:  Pulse Oximeter 

Devices Monitoring Litigation

 News Release - January 23, 2006

Masimo and Nellcor Announce Settlement of Patent Litigation

IRVINE, Calif., Jan. 23 (HSMN NewsFeed) -- Masimo today announced a settlement of all existing patent litigation with Nellcor, a division of Tyco Healthcare. Under the terms of the settlement, all pending patent litigation will be dismissed, and Nellcor has 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 2006. After January 31, 2006, Nellcor will no longer ship its current 05 pulse oximetry platform, but it will continue to provide service and sensors for previously sold products. Masimo has granted Nellcor the right to sell Nellcor's new line of pulse oximetry products in exchange for an ongoing royalty.

About Masimo

Masimo, the inventor of Pulse CO-Oximetry(TM) and Read-Through Motion and Low Perfusion Pulse Oximetry, was founded in 1989. Masimo's monitoring systems owe both their superior accuracy and reliability to the company's unique SETŪ (Signal Extraction Technology), a solution the company invented and introduced worldwide in 1998 to address problems that have traditionally beset conventional pulse oximetry systems. Masimo SET allows accurate monitoring despite patient motion, bright lights, signals from other electrical equipment, and low blood flow. These events and conditions, common in adult, pediatric and neonatal patient care, can cause inaccurate readings or loss of readings with less advanced monitoring technology. Over 100 clinical studies support the conclusion that Masimo SET is the most effective Pulse Oximeter in the world.

Masimo Rainbow SET(TM) technology ushers in a new era of non-invasive monitoring, where patients at risk for respiratory and cardiac complications and those suffering from carbon monoxide and methemoglobin poisoning and other life-threatening conditions can be quickly diagnosed and treated.

Contact: Brad Langdale 949-297-7009

Source: Masimo

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