Masimo Corporation (Masimo) has filed a patent infringement suit against Philips Electronics North America Corporation and Philips Medizin Systeme Boblingen Gmbh (Philips) related to Philips FAST pulse oximetry technology and certain Philips patient monitors. The suit was brought in the US District Court for the District of Delaware. Two patents at issue in this suit, related to Masimo's measure-through-motion technology, were successfully enforced in a previous suit by Masimo against Nellcor.

Masimo Founder and chief executive officer, Joe E. Kiani, stated: “Given that Philips and Masimo have a long-term business relationship, we have patiently tried to resolve our differences regarding Philips’ infringement of Masimo’s patents without seeking the courts’ intervention. Unfortunately, since our best efforts have not been successful, we believe we have no choice but to rely on the courts to resolve this dispute.”

Masimo and Philips continue to be engaged in a long-term OEM agreement. Masimo intends to comply with the terms of the agreement, continuing to provide Philips with Masimo SET technology for integration into Philips monitoring products, to the benefit of both companies’ mutual customers.