8-KOther Events

Johnson Controls International plc 8-K Report, Corporate Update (Sep 12, 2005)

Filed September 12, 2005For Securities:JCI

Summary

This 8-K filing from Johnson Controls International plc (JCI), filed on September 12, 2005, reports on a significant development concerning a patent infringement lawsuit involving its subsidiary, Nellcor Puritan Bennett, Inc. The United States Court of Appeals for the Federal Circuit issued an adverse decision to Nellcor, affirming infringement on two patents and reversing a ruling on a third, while also directing the lower court to issue an injunction. As a result of this unfavorable ruling, JCI will record a pre-tax charge of approximately $280 million in the current quarter. This charge accounts for potential additional damages and interest. The company has indicated that it does not anticipate further material losses beyond this accrued amount, providing some clarity on the financial impact of this litigation.

Key Highlights

  • 1Johnson Controls' subsidiary, Nellcor Puritan Bennett, Inc. (Nellcor), received an unfavorable ruling from the U.S. Court of Appeals for the Federal Circuit regarding a patent infringement lawsuit.
  • 2The Court of Appeals affirmed Nellcor's infringement on two Masimo Corporation patents related to pulse oximeters.
  • 3The appellate court reversed a lower court's decision, finding Nellcor to be in infringement on a third Masimo patent and directing an injunction to be issued.
  • 4The ruling affirmed that Nellcor's infringement was not willful, which prevents Masimo from seeking treble damages.
  • 5However, the Court of Appeals also affirmed a ruling that one of Masimo's patents is unenforceable due to inequitable conduct.
  • 6Johnson Controls will record a pre-tax charge of approximately $280 million in the current quarter to cover potential additional damages and interest related to this litigation.
  • 7The company expects no further material losses beyond the amount to be accrued in this charge.

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