Judge Voids Damages, Tyco Says

Tyco International Ltd. said Friday that the judge in an antitrust lawsuit filed by Masimo Corp. against the company has vacated the $420 million in damages and ordered a new trial.

Irvine-based Masimo sued Tyco and two subsidiaries in 2002, alleging that the subsidiaries used their market position to prevent hospitals from buying Masimo’s pulse oximetry products, used to measure blood oxygen levels. Last year a jury awarded Masimo $140 million in damages, which was automatically tripled under an antitrust statute.

But Wednesday, the U.S. District Court judge overseeing the case vacated the jury’s damages award and ordered a new trial on damages. The judge also voided the jury’s liability findings on two business practices but affirmed its liability finding on two other business practices, Tyco said in a Securities and Exchange Commission filing.

The court hasn’t scheduled the new trial on the damages, said Tyco, which is based in Pembroke, Bermuda.