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Masimo Corporation Settles Lawsuit with Respironics, Inc. (RESP)


7/17/2009 6:28:44 AM

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IRVINE, Calif., July 17 /PRNewswire-FirstCall/ -- Masimo Corporation (Nasdaq: MASI - News), today announced that it has reached a settlement with Respironics, Inc. of pending litigation under which Masimo and Respironics will dismiss all claims and counterclaims currently pending in the litigation between them in California Superior Court. As part of the settlement, Respironics and Masimo have agreed upon a schedule for the phase-out of the MARS oximetry technology.

About Masimo

Masimo (Nasdaq: MASI - News) 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, which virtually eliminated false alarms and increased pulse oximetry's ability to detect life-threatening events. More than 100 independent and objective studies demonstrate Masimo SET provides the most reliable SpO(2) and pulse rate measurements even under the most challenging clinical conditions, including patient motion and low peripheral perfusion. In 2005, Masimo introduced Masimo Rainbow SET Pulse CO-Oximetry, a breakthrough noninvasive blood constituent monitoring platform that can measure many blood constituents that previously required invasive procedures. Masimo Rainbow SET continuously and noninvasively measures total hemoglobin (SpHb((TM))), oxygen content (SpOC((TM))), carboxyhemoglobin (SpCO(®)), methemoglobin (SpMet(®)), and PVI((TM)), in addition to oxyhemoglobin (SpO2), pulse rate (PR), and perfusion index (PI), allowing early detection and treatment of potentially life-threatening conditions. Founded in 1989, Masimo has the mission of "Improving Patient Outcomes and Reducing Cost of Care by Taking Noninvasive Monitoring to New Sites and Applications." Additional information about Masimo and its products may be found at www.masimo.com.

Forward Looking Statements

This press release includes forward-looking statements as defined in Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, in connection with the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on current expectations about future events affecting us and are subject to risks and uncertainties, all of which are difficult to predict and many of which are beyond our control and could cause our actual results to differ materially and adversely from those expressed in our forward-looking statements as a result of various risk factors. Important factors that may cause such a difference for Masimo in connection with our settled litigation with Respironics, include, but are not limited to realizing the expected increased placement of Masimo pulse oximeters as a result of the settlement, and the expected expansion of our business relationship with Respironics; the impact of our lawsuit against Philips, given that Philips owns Respironics; and, the risks associated with the litigation being dismissed without prejudice. Additional factors that may cause Masimo's actual results to differ materially and adversely from those expressed in forward-looking statements include, but are not limited to: those factors discussed in the "Risk Factors" section of our Quarterly Report on Form 10-Q for the fiscal quarter ended April 4, 2009, filed with the Securities and Exchange Commission ("SEC") on May 6, 2009, which may be obtained for free at the SEC's website at www.sec.gov. Although we believe that the expectations reflected in our forward-looking statements are reasonable, we do not know whether our expectations will prove correct. All forward-looking statements included in this press release are expressly qualified in their entirety by the foregoing cautionary statements. You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of today's date. We do not undertake any obligation to update, amend or clarify these forward-looking statements or the "Risk Factors" contained in our Quarterly Report on Form 10-Q for the fiscal quarter ended April 4, 2009, whether as a result of new information, future events or otherwise, except as may be required under the applicable securities laws.

Contact: Mark P. de Raad Masimo Corporation 949-297-7348

Masimo, SET, Signal Extraction Technology, Improving Outcomes and Reducing Cost of Care by Taking Noninvasive Monitoring to New Sites and Applications, Rainbow, SpHb, SpOC, SpCO, SpMet, PVI, Radical-7, Rad-87, Rad-57,Rad-9, Rad-8, Rad-5,Pulse CO-Oximetry and Pulse CO-Oximeter are trademarks or registered trademarks of Masimo Corporation.


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