Nellcor to appeal patent verdict

A federal court jury in Los Angeles has found Nellcor, a healthcare business unit of Tyco International, guilty of wilful patent infringement and fined the company $134.5 million.

The suit was brought by Masimo, an Irvine, California-based company that licences and markets advanced medical signal processing technologies and products.

The jury ruled that Nellcor had wilfully infringed four of Masimo’s patents on its read-through-motion pulse oximetry technology.

After a five-week trial, the jury found all of Masimo’s patents ‘valid and infringed’. The jury also rejected Nellcor’s claim that Masimo’s sensor technology infringed a Nellcor patent.

Nellcor said it would challenge the jury’s decisions in post-trial motions and would, if necessary, take the appeal to the Court of Appeals for the Federal Circuit (CAFC).

“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.”