IRVINE, Calif., Aug. 27 /PRNewswire-FirstCall/ -- Masimo Corporation
(Nasdaq: MASI), the inventor of Pulse CO-Oximetry and
Measure-Through-Motion-and-Low-Perfusion pulse oximetry, today announced that
it has settled pending litigation brought by Shaklee Corporation and NIR
Diagnostics, Inc. against Masimo. Pursuant to the settlement, Shaklee and NIR
dismissed all outstanding claims against Masimo in the litigation with
prejudice, and Masimo dismissed all outstanding claims against Shaklee and NIR
without prejudice. The settlement was reached without Masimo incurring any
liability to either Shaklee or NIR.
On July 24, 2007, just prior to Masimo's initial public offering, Shaklee
filed a lawsuit against Masimo in the United States District Court for the
Central District of California. NIR later joined Shaklee as a plaintiff.
Shaklee and NIR alleged that Masimo's pulse oximeters incorporated patented
calibration methods licensed by NIR to Shaklee. Shaklee and NIR sought an
injunction and damages against Masimo. On August 13, 2008, Masimo and Shaklee
filed a joint stipulation dismissing the litigation with the District Court,
which the District Court then entered as an order; and, on August 22, 2008,
Masimo and NIR filed a joint stipulation dismissing the litigation with the
District Court, which the District Court then entered as an order.
About Masimo
Masimo (Nasdaq: MASI) 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 SpO2 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, a breakthrough noninvasive blood
constituent monitoring platform that can measure many blood constituents that
previously required invasive procedures. Rainbow SET continuously and
noninvasively measures total hemoglobin (SpHb(TM)), oxygen content (SpOC(TM)),
carboxyhemoglobin (SpCO(R)), methemoglobin (SpMet(R)), 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 http://www.masimo.com.
Masimo, SET, Signal Extraction Technology, Improving Outcomes and Reducing
Cost of Care by Taking Noninvasive Monitoring to New Sites and Applications,
Rainbow, SpHb, SpCO, SpMet, PVI, Pulse CO-Oximetry and Pulse CO-Oximeter are
trademarks or registered trademarks of Masimo Corporation.
SOURCE Masimo Corporation
CONTACT: Investor Contact: Mark P. de Raad, Executive Vice President and
Chief Financial Officer, +1-949-297-7080, mderaad@masimo.com; Media Contact:
Dana Banks, Manager, Public Relations, +1-949-297-7348, dbanks@masimo.com,
both of Masimo Corporation
Web site: http://www.masimo.com