Antitrust claims are bifurcated and discovery is stayed
Masimo Corporation v. Philips Electronics North America Corp., et al., Civil Action No.09-80-MPT, March 11, 2010.
Thynge, M. J. Plaintiff’s motion to bifurcate and stay discovery of defendant’s antitrust counterclaims is granted. Discovery is stayed pending trial on the patent issues.
The parties manufacture competing products in pulse oximetry, a non-invasive procedure for measuring oxygen saturation in arterial blood. Defendant’s counterclaims include seven antitrust counterclaims, including anticompetitive restrictions on licensing agreements, improper exclusion from competition by means of a proprietary interface, anticompetitive effects of a settlement agreement, and exclusionary pricing and bundling. The court bifurcates the antitrust claims in the interest of efficiency, noting that tying the claims will likely significantly delay resolution of the validity issues raised. Furthermore, trial on the patent claims may simplify the antitrust counterclaims. Finally, there is no prejudice to defendant in that it could have brought the claims years ago.
