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Tyco's Nellcor Unit Will Appeal Jury Verdict On Patent Lawsuit Brought By Masimo

PEMBROKE, Bermuda: March 26, 2004 - Tyco International Ltd. (NYSE: TYC; BSX: TYC) today announced that its Tyco Healthcare business unit Nellcor, market leader and global innovator of intelligent pulse oximetry solutions, will challenge the jury's decisions of willful patent infringement and a $134.5 million damage award in post-trial motions, and, if necessary, in an appeal to the Court of Appeals for the Federal Circuit (CAFC). The damage award may be subject to a potential increase by the trial court.

Nellcor will ask the court to rule that its 4th and 5th generation pulse oximetry technologies do not infringe patents of Masimo Corp., Irvine, Calif., that cover its SET® signal processing technology. Nellcor's and Masimo's technologies are used in medical devices, often in hospitals, to monitor the oxygen level in blood.

This is not the first time Masimo has asserted patent infringement claims against Nellcor. In October 2000 and August 2001, two federal courts (including the CAFC) ruled that Nellcor technology involved in the present case did not infringe Masimo's adaptive filter SET patent, USP 6,036,642. The CAFC held that Nellcor's technology was "truly different" (18 Fed. Appx. 852, 857 (Fed. Cir. 2001)). The jury in the present case was not allowed to consider those prior rulings.

"The jury decision is only one step in the legal process," said David Sell, president, Nellcor. "Once again, we are prepared to present our position, if necessary, before the CAFC on a Masimo patent claim."

Nellcor, a part of Tyco Healthcare, is dedicated to developing innovative, clinically relevant medical products with an emphasis on noninvasive patient safety monitoring and respiratory care. Nellcor is the world's foremost supplier of pulse oximetry and airway management products. For more information, visit www.nellcor.com.

Tyco International Ltd. is a diversified manufacturing and service company. Tyco is the world's leading provider of both electronic security services and fire protection services; the world's leading supplier of passive electronic components; a world leader in the medical products industry; and the world's leading manufacturer of industrial valves

and controls. Tyco also holds a strong leadership position in plastics and adhesives. Tyco operates in more than 100 countries and had fiscal 2003 revenues from continuing operations of approximately $37 billion.