Tyco Healthcare Release: Federal Court Of Appeals Rules In Nellcor’s Favor

PLEASANTON, Calif., April 12 /PRNewswire/ -- Nellcor, the leader in pulse oximetry innovations, today announced that the U.S. Court of Appeals for the Federal Circuit, in Washington D.C., has issued a key decision relating to Nellcor’s U.S. Patent No. 4,934,372. This Nellcor patent is an important development in pulse oximetry signal processing which provides a way to increase the accuracy of calculations used to measure and monitor a patient’s blood oxygen saturation.

Nellcor asserts that its patent covers one of the core elements of Masimo’s pulse oximetry products, as well as products that Masimo supplies to other manufacturers of patient monitoring systems. The Court of Appeals’ ruling, which interpreted the meaning of Nellcor’s patent claims, enables Nellcor to proceed with its patent infringement lawsuit against Masimo. Patent interpretation is important because a patent’s meaning often becomes a determining factor in infringement cases.

“We are pleased that the appellate court rejected Masimo’s proposed interpretation of our patent,” said David Sell, president of Nellcor. “Additionally, this ruling in Nellcor’s favor reinforces our belief that when the legal process is complete, we will ultimately prevail against Masimo.”

Founded in 1981, Nellcor has had a profound influence on the practice of medicine. Anesthesiologists and critical care nurses around the world credit Nellcor with developing the first commercially viable pulse oximeters, devices that monitor the oxygen levels in patients’ blood. Today, pulse oximeters are the standard of care for hospitals and an essential element in operating rooms, intensive care units, and neonatal units, where they have helped to dramatically reduce the number of deaths and risk of respiratory failure in critically ill patients.

Nellcor is dedicated to developing innovative, clinically relevant medical products with an emphasis on noninvasive patient safety monitoring and respiratory care. Nellcor, a part of Mallinckrodt, a Tyco Healthcare Company, is the world’s foremost supplier of pulse oximetry and airway management products. The company also offers a wide range of products for measuring and regulating patient body temperature. For more information, visit http://www.nellcor.com/.

Tyco Healthcare, a business segment of Tyco International Ltd., is a leading manufacturer, distributor and servicer of medical devices worldwide. Its broad portfolio includes disposable medical supplies, monitoring equipment, medical instruments and bulk analgesic pharmaceuticals, sold under such names as Auto Suture, Kendall, Mallinckrodt, Nellcor, Puritan Bennett, United States Surgical, Valleylab and others.

Nellcor

CONTACT: David T. Young, News Media of Tyco Healthcare, +1-508-261-6330,david.young@tycohealthcare.com; or Kristin Garvin of Nellcor, +1-925-463-4353,kristin.garvin@tycohealthcare.com