Masimo Corporation v. Philips Electronics North America Corporation et al

Filing 1070

ORDER regarding REPORT AND RECOMMENDATIONS and summary judgment. Signed by Judge Leonard P. Stark on 12/1/2015. Associated Cases: 1:09-cv-00080-LPS, 1:11-cv-00742-LPS(rpg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MASIMO CORPORATION,

)
)

Plaintiff,

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)
)
)

v.

PHILIPS ELECTRONICS NORTH
AMERICA CORPORATION and PHILIPS
MEDIZIN SYSTEME B0BLINGEN GMBH,

C.A. No. 09-80-LPS
C.A. No. 11-742-LPS

)
)
)
)

Defendants.

)

ORDER
At Wilmington this 1st day of December, 2015:
For the reasons set forth in the Memorandum Opinion issued this date, the Court
ADOPTS IN PART and REJECTS IN PART the recommendations contained in Chief
Magistrate Judge Thynge's Report and Recommendation. The Court also OVERRULES IN
PART and SUSTAINS IN PART the parties' objections to the Report and Recommendation.
Defendants' motion for summary judgment is DENIED.
IT IS HEREBY ORDERED that the disputed claim language of U.S. Patent Nos.
6,157,850 (the "'850 patent"), 7,509,154 (the "'154 patent"), 8.019,400 (the '"400 patent"), and
5,337,745 (the '"745 patent") shall be construed as follows:

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Term

Court's Construction

"based upon said physiological
signal, determining at least two
possible indications of said
physiological parameter based on
at least two alternative
calculations for said physiological
parameter" and related terms

"determining at least two possible indications of said
physiological parameter based on at least two alternative
calculations on at least some of the same sensed
physiological signal data."

"said scan"

"the analysis to qualify the plurality of indication values
to be considered as possible resulting indications for the
physiological parameter."

"determine a resulting indication
that likely most closely correlates
to the physiological parameter."

"determine a resulting indication from the possible
indications that likely most closely correlates to the
physiological parameter."

"a selection module responsive to
the result of said scan to identify at
least one resulting indication as
representative of said
physiological parameter"

This element is construed under 35 U.S.C. § 112(f) as
follows:
Function: identifying at least one resulting indication as
representative of said physiological parameter
Structure: a processor that receives as an input the result
of the analysis to qualify the plurality of indication
values to be considered as possible resulting indications
for the physiological parameter and is programmed to
identify at least one resulting indication as representative
of the physiological parameter, and equivalents thereof

"a processor configured to perform
a method comprising ... selecting
one of the plurality of possible
oxygen saturation values as an
oxygen saturation measurement
based upon an analysis to
determine which of the plurality of
possible oxygen saturation values
corresponds to the oxygen
saturation of the pulsing blood"

This element does not need construction under 35 U.S.C.
§ 112(f)

"determination of confidence in
the accuracy of physiological
signals"

"determination of the level of certainty that the signal
accurately represents a physiological parameter"

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"adjustably smooth the plurality of
values"

"average the plurality of resulting values by adjusting the
filter weights"

"speed up the adjustable
smoothing"

"give higher weight to the newest measurement"

"slow down the adjustable
smoothing"

"give lower weight to the newest measurement"

"concentration"

"the quantity of an absorptive substance in the blood
relative to the quantity or volume of solvent in the
blood"

UNITED\STATES DISTRICT COURT

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