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Masimo Wins Antitrust Lawsuit Against Tyco

March 24, 2005

Masimo, the inventor of read--through motion and low perfusion pulse oximetry, announced that a federal court jury in Los Angeles has found that Tyco Healthcare violated the antitrust laws through anticompetitive business practices specifically related to the sale of its Nellcor pulse oximetry products. After a four-week trial, the jury found that Tyco had unlawfully maintained monopoly power, and that Tyco's sole-source agreements, bundling of unrelated products, market-share based compliance pricing contracts and co-marketing agreements with original equipment manufacturers were unlawful restraints of trade and exclusionary dealing arrangements. The jury awarded Masimo $140 million in damages.

PR Newswire (http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/03-23-2005/0003243384&EDATE=)