Masimo to Pursue Injunction on Monitor

Masimo Corp., an Irvine medical technology company, said Monday it will seek a preliminary injunction to prevent Mallinckrodt Inc. from distributing its N395 pulse oximeter and MP404 OEM printed circuit board.

In October, Masimo filed a patent infringement lawsuit against the drug and chemical company charging that its Nellcor Oxismart XL pulse-rate monitor infringes on Masimo’s signal extraction technology.

In a press release Monday, Masimo said it is adding a recently issued patent regarding the use of adaptive filters to the lawsuit because “Nellcor has publicly admitted that it is using adaptive filters.”

In addition, Masimo said that a Delaware Court granted its motion to transfer Mallinckrodt’s countersuit from Delaware to California, where Masimo originally filed suit against Mallinckrodt.

A spokeswoman for Mallinckrodt said the consolidation of the suit and countersuit in one court has no bearing on the merits of the case.

“We continue to be very confident that in the end Mallinckrodt will prevail,” she said.