Masimo: Regulation Fd Disclosure
The following excerpt is from the company's SEC filing
On April 30, 2014, Masimo Corporation (“Masimo” or the “Company”) held a conference call to discuss its first quarter 2014 financial results and its outlook for the remainder of 2014. During the question and answer portion of the call, the Company incorrectly indicated that the next time Covidien Inc. can provide notice to terminate its covenant not to sue under the settlement agreement between Masimo and Covidien (the “Agreement”) is March 2015. In fact, Covidien has the right to terminate its covenant under the Agreement at any time upon at least 60-days written notice to the Company, in which case Masimo would h
ave the right to assert patent infringement for products sold by Covidien after the date of termination. Since Covidien did not provide notice of termination in March 2014 when it first had the opportunity, we have assumed Covidien will continue to maintain its covenant under the Agreement for the foreseeable future.
In accordance with General Instruction B.2 of Form 8-K, the information in Item 7.01 of this Current Report on Form 8-K shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liability of that section, and shall not be incorporated by reference into any registration statement or other document filed under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
Pursuant to the requirements of the Securities Exchange Act of 1934, Masimo Corporation has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
The above information was disclosed in a filing to the SEC. To see this filing in its entirety, click here.
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Other recent filings from the company include the following:
Masimo Corporation just filed a General Statement of acquisition of beneficial ownership - Oct. 10, 2014
Masimo: Entry Into A Material Definitive Agreement - Oct. 2, 2014
Current report, item 8.01
- Oct. 2, 2014
Confidential treatment order - Oct. 1, 2014