Fed. Circ. Keeps patent enforcement injunction in trade secret row

By Britain Eakin (January 24, 2022, 8:48 PM EST) — The Federal Circuit ruled on Monday that Masimo Corp. and Cercacor Laboratories Inc. had rightly obtained a preliminary injunction from a California federal judge blocking a former employee’s patent application on a pulse oximeter from going public due to trade secret exposure.

A three-judge panel ruled in an unprecedented opinion that U.S. District Judge James V. Selna was not mistaken in determining that Masimo and Cercacor, which are collaborating to develop technology used in medical devices, were likely to show that an algorithm used in a pulse oximeter, a device for measuring blood oxygen saturation, is a trade secret.

The companies sued the former…

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