Knobbe Martens today announced that the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office (USPTO) holding that Masimo was the first to invent breakthrough measure-through-motion pulse oximetry technology. This decision concludes interference proceedings initiated by Masimo Corporation (MASI: NASDAQ) in July 2006 to prove it was the first inventor of the technology claimed in both a patent issued to Nellcor Puritan Bennet LLC, a division of Covidien, and in two Masimo patent applications. As a result of the Federal Circuit’s decision, the USPTO will cancel Nellcor’s U.S. Pat. No. 6,645,060 in its entirety and will award Masimo its patents.
The Federal Circuit’s recent decision is the culmination of two parallel USPTO patent interference proceedings involving three different inventions. The first invention measures oxygen saturation through patient motion using a three wavelength pulse oximeter. The second and third inventions measure saturation through patient motion without subtracting the motion signal.
The USPTO awarded Masimo two of the inventions in 2008, and the Federal Circuit affirmed those awards in 2010. As a result of the Federal Circuit’s most recent decision, the USPTO will also award the third invention to Masimo. These patented technologies augment Masimo’s extensive patent portfolio, which includes several patents that Knobbe Martens successfully asserted for Masimo against Nellcor in litigation that concluded in 2006. In 2005, the Federal Circuit concluded that Masimo was the first inventor of other measure-through-motion technology.
“We are pleased to represent Masimo over the years in establishing its rights to its breakthrough technology which has greatly improved patient care,” said Joseph Re, a partner of Knobbe Martens Olson & Bear who argued the appeals before the court. Masimo was also represented by Stephen Jensen, Irfan Lateef and Jarom Kesler of Knobbe Martens Olson & Bear.
About Knobbe Martens Olson & Bear, LLP
With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear LLP dedicates its practice to all aspects of intellectual property law including litigation. Consistently ranked among the top intellectual property firms worldwide, Knobbe Martens serves a diverse group of clients from multinational corporations to emerging businesses of all stages. Headquartered in Orange County, California, Knobbe Martens also has offices in San Diego, Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle and Washington, D.C. More information about the firm can be found at www.knobbe.com.
