IP Law Daily, PATENT NEWS: Electronics company Philips zonked with $467 million jury verdict, (Oct 2, 2014)

By Peter Reap, J.D., LL.M.

A jury in the federal district court in Wilmington, Delaware determined yesterday that Dutch electronics company Philips Medizin System Boblingen Gmbh and Philips Electronics North America Corporation (collectively, “Philips”) must pay Masimo Corporation $466.774 million for infringing Masimo’s patents for measuring blood oxygen and tracking pulse rates. Philips today announced that it will appeal the jury verdict (Masimo Corporation v. Philips Electronics North America Corporation, Case No. 1:09-cv-00080-LPS).

Masimo filed its complaint in the dispute on February 3, 2009. Masimo charged that Philips infringed ten of its patents by those Philips products which incorporate the Philips FAST SpO2 pulse oximetry measurement technology—a non-invasive technology to measure the level of oxygen saturation in a patient's blood. The jury determined that Philips’ failed to successfully prove that various claims of Masimo’s patents were invalid under a wide range of theories: anticipation, obviousness, written description, enablement, and indefiniteness. The jury also found that Philips did not prove that Masimo infringed a patent asserted by Philips.

“We are very disappointed in the verdict of the jury and surprised by the magnitude of the proposed award,” said Frans van Houten, CEO Royal Philips. “Philips intends to pursue all avenues of appeal of this verdict at both the District and Appellate courts in the US.”

Attorneys: Jack B. Blumenfeld (Morris, Nichols, Arsht & Tunnell LLP) for Masimo Corp. Richard L. Horwitz (Potter Anderson & Corroon, LLP) for Philips Electronics North America Corp. and Philips Medizin Systeme Boblingen Gmbh.

Companies: Masimo Corp.; Philips Electronics North America Corp.; Philips Medizin Systeme Boblingen Gmbh

News: Patent DelawareNews