Verdict for plaintiff in Masimo Corporation v. Philips, C.A. No. 09-80-LPS

This week, the jury returned a verdict for the plaintiff in this case.  Masimo Corporation v. Philips Electronics North America Corporation, et al., C.A. No. 09-80-LPS (D. Del. Oct. 1, 2014).  The jury found plaintiff’s patents not invalid as anticipated, obvious, for lack of written description, not enabled, and indefinite.  Furthermore, the jury found that a certain product was not an acceptable non-infringing substitute.  Defendants had previously conceded infringement.  The jury awarded plaintiff $466,744,783 in damages for infringement.

Defendants had one remaining asserted patent against plaintiff.  The jury also found that plaintiff had not literally or indirectly infringed this patent.

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