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Mindary and Massimo Patent Litigation Settlement

Updated:2016-05-04 11:26:18Click:3970 times

Mindary Paid Massimo US$ 25million and Will also Face with Comen’s Claim

In January 2013, The Massimo Company, located in the United States (hereinafter referred to Massimo), initiated a patent infringement and breach of contract litigation towards Mindary in the middle of California, and required high-price compensation, in this process; Mindary has been seeking reconciliation with Massimo.

In February of 2015, in order to suppress Massimo's lawsuit in the United States, Mindary began to initiate a series of lawsuit in the mainland, which mainly involved with unfair competition cases with Massimo. At the same time, Mindary listed one of the Massimo's Chinese customers as the second party.

Pursuant to the settlement, among other things, Mindray has agreed, subject to limited exceptions, that from the settlement date through December 31, 2027 it will purchase all pulse oximetry technology components for Mindray patient monitoring products sold in the U.S. and Canada from Masimo (Masimo is already Mindray's primary supplier of these components for sales in the U.S.). In addition, Mindray has agreed to pay Masimo $25 illion (to be paid in full by mid-January 2016) and assigned to Masimo certain patents (covering areas not practiced in Mindray's products).

At the same time, Mindary submitted litigation withdrawal application in the Shenzhen Intermediate People's Court, and the Court had approved the withdrawal application, which means that the litigation between Mindary & Massimo was temporarily settled after 3 years.

However, this is not the end of this event. The responsible person in Comen's Intellectual Property Department told Sharing that Mindray will face with the claim form Comen, the reasons as follows:

The reason that Mindary listed Comen as the second party in this lawsuit was far from reasonable.

Mindary, Comen and Edan have cooperated with the oxygen probe provider Massimo Company, that is to say, Comen was not only Massimo's customer in China. But why Mindary only listed Comen as the second party?Comen had clearly pointed out that Mindary's purpose was deliberately suppress and curb competitors through abuse of intellectual property protection.

In addition, Mindary also failed in the intellectual property lawsuit with Anke, and now it failed the lawsuit with Massimo, which indicating that Mindary's intellectual property has lots of bugs either.

Mindary only compensate to Massimo but ignore the lost caused to Comen

Mindary not only list Comen as the second party in this lawsuit, but also require to freeze Comen’s Chinese Bank Account at Shenzhen Intermediate People’s Court, which caused great pressure to Comen’s capital chain and had great negative impact on Comen’s reputation. Comen will never appease such bulling behavior and will fight for its rights and compensation through legal means.

Comen's intellectual property responsible person also said that the end of this case will help Comen get out of the litigation dilemma and so that it can focus on its products R&D to provide more and better dedicated products for the customer.

The Court Has Accepted the Case Comen Sued Mindary

The patent lawsuit between Mindary and Massimo was settled in the United States, Mindary will pay 25 million USD to Massimo as compensation, as a result the lawsuit against Comen was also being cancelled.

Regards Mindary’s bullying behavior that freezing Comen’s bank account, Comen had sued Mindary’s damage responsibility in Shenzhen Intermediate People’s Court.

This case had been accepted and entered into registration stage.

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