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NELLCOR FICTION:

"Masimo's Patent Infringement Claims were without merit."

FACTS:

• Nellcor lost a patent infringement lawsuit and paid $265 million to Masimo after it was determined Nellcor had infringed Masimo's technology in their N-395, N-550, and N-595 products.
• The Federal Court of Appeals in Washington DC upheld this finding.
• A top Nellcor engineer was in possession of a confidential Masimo design document.
• Top Nellcor engineers were instructed to write computer code to "resemble" Masimo patents.
• Although Nellcor brought a patent suit against Masimo accusing Masimo of infringing 10 Nellcor patents, Masimo was not found to infringe any of Nellcor's patents.

PROOF:

•  Court Upholds Masimo Victory in Patent Dispute with Tyco Nellcor
•  Patent Trial Settlement Announcement
•  Nellcor (Tyco) SEC Filing Regarding Patent Settlement
•  Patent Infringement Trial Testimony Excerpt