Masimo and Hygia Health Services, a reprocessor of medical devices, have settled a lawsuit over labeling on pulse oximeters made by Masimo and reprocessed by Hygia.
The lawsuit had been pending in the US District Court for the Northern District of Alabama since May 2009.
Hygia filed suit against Masimo after the California-based medical device maker sent it a letter threatening a patent infringement lawsuit unless Hygia stopped re-packaging single-use sensors and labeling with the Masimo trademark.
Hygia won 510(k) clearance from the FDA to reprocess the sensors, but Masimo claimed that marking the re-packaging single-use sensors with its corporate check-mark logo constituted patent infringement.
Hygia sought to bar Masimo from reprocessing. In its counter-claim, Masimo repeated the allegations from the letter it sent to Hygia, accusing the reprocessor of patent infringement.
Judge at US District Court for Northern Alabama enjoined Hygia from placing the Masimo logo on any of the company’s medical devices that it reprocesses.