Sotera Wireless v. Masimo

All challenged claims cancelled

The Board cancelled every challenged claim of Masimo's alarm-suspend patent - twenty-five claims on six grounds in, twenty-five cancelled out.^[2][24]

Masimo sues Sotera in the Southern District of California June 12, 2019·Sotera petitions for review of claims 1-25 on six grounds May 29, 2020·Board institutes on all claims and all grounds, crediting Sotera's district-court stipulation December 1, 2020·Oral hearing before the Board September 8, 2021·Final written decision: all 25 claims unpatentable November 19, 2021

• The RE353 patent is about silencing patient-monitor alarms - for a length of time that depends on which vital sign is alarming.^[9][10]
• Sotera filed six grounds in two families - one for each side of a claim-construction fight - and the Board instituted on all of them.^{[39][40][38][13]}
• One construction ruling split the petition: the claims require suspending alarms that have already activated - so the Saidara grounds carried the case and the Baker grounds fell away.^[15][14][19]
• The written decision closed the trial phase, pointing any appeal to the Federal Circuit's notice-and-service rules.^[24][25]

This is the case that made the stipulation a tool: promise the district court you will drop the same invalidity grounds there, and the overlap factor swings hard toward institution.^[33][36]