A Diagnostics & Imaging Week

Masimo (Irvine, California) reported that it has filed a patent infringement suit against Philips Electronics North America (Andover, Massachusetts) and Philips Medizin Systeme Boblingen (Boblingen, Germany) related to Philips' FAST pulse oximetry technology and certain Philips patient monitors.

The suit was brought in the U.S. District Court for the District of Delaware. According to Masimo, two of the patents at issue in this suit, related to the company's measure-through-motion technology, were enforced in a previous suit by Masimo against Nellcor (Boulder, Colorado).

"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," said Joe Kiani, founder/CEO of Masimo. "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 said it intends to comply with the terms of the agreement, continuing to provide Philips with Masimo SET technology for integration into Philips monitoring products, to the benefit of both companies' mutual customers.

Masimo develops monitoring technologies. In 1995, the company debuted Measure-Through Motion and Low-Perfusion pulse oximetry, known as Masimo SET, which virtually eliminated false alarms and increased pulse oximetry's ability to detect life-threatening events, the company said.

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