Irvine, Calif. The federal district court in Delaware granted Masimo's motion to transfer from Delaware to California a countersuit on patent infringement brought by Hazelwood, Mo.-based Mallinckrodt and its Nellcor subsidiary.

Masimo sought the change because it originally filed suit in California against the companies, alleging that Mallinckrodt is using Masimo's patented oximetry technology without a license. Mallinckrodt countered with a suit alleging infringement on three oximetry patents held by Nellcor.

"We are very pleased with the progress in our case against Mallinckrodt and Nellcor," said Masimo president and chief executive officer Joe Kiani. "We filed our lawsuit in California because both Masimo and Nellcor are located in California. I believe Mallinckrodt's countersuit in Delaware illustrates its attempt to turn the suit into a check-writing campaign.

Masimo also is seeking a preliminary injunction to prevent Mallinckrodt from distributing its N395 pulse oximeter and MP404 OEM printed circuit board. "With so much invested in our technology, to allow Mallinckrodt to use our technology throughout the lawsuit would be an injustice," said Kiani. -R.P.