Book a demo

Cut patent&paper research from weeks to hours with PatSnap Eureka AI!

Try now
Beijing Choice v. Contec Medical | Pulse Oximeter Patent Litigation | PatSnap
Explore in Eureka
Case ID1:18-cv-00825
FiledJan 2018
ClosedJan 2025
Patent Litigation

Beijing Choice v. Contec Medical: Pulse Oximeter Patent Dispute Settles After 6.9 Years

Beijing Choice Electronic Technology sued Contec Medical Systems over US8639308B2, a patent covering fingertip pulse oximeter technology, asserting infringement across six Contec CMS50-series models plus OEM equivalents. Filed in the Northern District of Illinois in January 2018, the case resolved via stipulated settlement after 2,533 days — a litigation marathon that spanned nearly seven years before ending without a merits verdict.

Resolution time
2533days
2,533 days litigated — well above the median district court patent case duration of ~900 days
Patents asserted
1
US8639308B2 — fingertip pulse oximeter technology, patient physiological monitoring
Outcome
Dismissed without Prejudice
Stipulated settlement; dismissal converts to with prejudice if no reinstatement by Dec 31, 2025
Cost ruling
Per Stipulation
Settlement terms not publicly disclosed; each party’s cost position unknown from public record
Published by PatSnap Insights Team · Verified by PatSnap Eureka Data
Case overview

A Seven-Year Pulse Oximeter IP Battle Ends in Conditional Settlement

Beijing Choice Electronic Technology Co., Ltd., a Chinese manufacturer of patient monitoring devices, filed suit on January 31, 2018 in the Northern District of Illinois against Contec Medical Systems USA, Inc. and its Chinese parent Contec Medical Systems Co., Ltd. The complaint alleged infringement of US8639308B2, a patent directed to fingertip pulse oximeter technology. Contec’s accused products included six named CMS50-series models — CMS50D, CMS50D+, CMS50E, CMS50H, CMS50N, and CMS50QB — as well as OEM-equivalent pulse oximeters, suggesting a broad commercialisation dispute between two competing device manufacturers.

The case closed on January 7, 2025 on the basis of a parties’ stipulation and settlement, with Judge Franklin U. Valderrama entering a dismissal without prejudice. Critically, the order includes a conditional conversion clause: if neither party files a motion to reinstate by December 31, 2025, the dismissal automatically converts to a dismissal with prejudice — permanently barring re-litigation on the same claims. This structure is consistent with settlements requiring a defined period to confirm performance of confidential terms before the dispute is fully extinguished.

The 2,533-day duration is notably protracted even by the standards of complex patent cases involving international parties, suggesting the litigation encountered substantial procedural complexity, likely including claim construction disputes, discovery challenges across US and Chinese entities, and possibly IPR or inter partes proceedings. The public record does not disclose financial terms, royalty rates, or licensing arrangements. The involvement of multiple law firms on both sides — including Cooley LLP and King & Spalding for defendants, and Finnegan Henderson for plaintiff — reflects the commercial significance both parties attached to the outcome.

Case at a glance
Case no.1:18-cv-00825
CourtIllinois Northern
JudgeFranklin U. Valderrama
FiledJanuary 31, 2018
ClosedJanuary 7, 2025
Duration2533 days
OutcomeDismissed without Prejudice
Verdict causeInfringement Action
BasisDismissed without Prejudice
Prior Art Intelligence
See what prior art exists on this patent.
Eureka scans millions of patents and papers to surface prior art that may have invalidated these claims before costly litigation begins.
Check Prior Art
Case data sourced from PACER / Illinois Northern District Court via PatSnap Eureka Litigation Intelligence Explore similar cases ↗
Case timeline

Filing to Dismissed without Prejudice in 2533 days

2,533 days litigated — well above the median district court patent case duration of ~900 days

Case timeline: Complaint filed JAN 31 2018, JUL–AUG — 2533 days total Horizontal timeline showing the three key events in Beijing Choice Electronic Technology Co., Ltd. v Contec Medical Systems USA, Inc. from filing to resolution. Source: PACER, Illinois Northern District Court. JAN 31 2018 Complaint filed Pre-trial proceedings JAN 7 2025 Dismissed without Prejudice 2533 DAYS TOTAL
Dismissal terms

Conditional dismissal: what the stipulated settlement means for both parties

Legal mechanism

Dismissal without prejudice — with a built-in expiry date

Under Federal Rule of Civil Procedure 41, a stipulated dismissal without prejudice ordinarily allows the plaintiff to refile the same claims. Here, however, the order imposes a hard deadline: if no reinstatement motion is filed by December 31, 2025, the case automatically converts to a dismissal with prejudice — permanently extinguishing the asserted claims. This conditional structure is a settlement enforcement mechanism, not a pure dismissal.

Conditional conversion clause
Patent holder outcome

Choice retains reinstatement rights through end of 2025

Beijing Choice preserves the theoretical right to revive the litigation if settlement terms are not honoured, providing leverage to enforce any confidential agreement. If the December 2025 deadline passes without reinstatement, Choice permanently loses the ability to assert these specific infringement claims against Contec on the current record. The patent US8639308B2 itself remains valid and enforceable against third parties regardless of this outcome.

Enforcement leverage preserved
Accused infringer outcome

Contec faces residual litigation risk until December 2025

Contec Medical Systems obtains operational certainty in the near term — all claims and counterclaims are dismissed — but the without-prejudice status means the dispute is not fully resolved until the conversion deadline passes. If Contec has entered a licensing or settlement payment arrangement, non-performance could trigger reinstatement. After December 31, 2025, assuming no reinstatement motion, Contec gains full protection from these specific infringement allegations.

Risk window closes Dec 2025
Commercial implications

CMS50-series products remain in legal limbo until the conversion date

The six named Contec CMS50-series models and OEM equivalents were the subject of this dispute. The settlement-without-merits means no court has ruled on the validity or infringement scope of US8639308B2, leaving the patent’s enforceability against other pulse oximeter manufacturers unresolved. Competitors and OEM buyers in the fingertip pulse oximeter market should note that this patent remains fully asserted against the broader market.

No merits ruling on validity
Legal analysis based on PACER docket records for case 1:18-cv-00825 and PatSnap Eureka litigation intelligence Search PatSnap Eureka ↗
Parties and representation

Full party and counsel information

RoleNameTypeDetail
PlaintiffBeijing Choice Electronic Technology Co., Ltd.CompanyChinese medical device manufacturer — holder of US8639308B2 covering fingertip pulse oximetrySearch in Eureka ↗
DefendantContec Medical Systems USA, Inc.CompanyUS subsidiary and Chinese parent of Contec Medical Systems, manufacturer of CMS50-series pulse oximetersSearch in Eureka ↗
Co-DefendantContec Medical Systems Co., Ltd.CompanySearch in Eureka ↗
Plaintiff counselAnita BhushanAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselChristopher Francis AllenAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselJacob Daniel RadeckiAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselJiayu SongAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselKathleen A. DaleyAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselKris TengAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselMichael Liu SuAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselStephen J. RosenfeldAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselSteven P. MandellAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff counselZhe WangAttorneyCounsel for Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff law firmBayes PLLCLaw FirmRepresenting Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff law firmFinnegan, Henderson, Farabow, Garrett & Dunner LLPLaw FirmRepresenting Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff law firmMandell Menkes LLCLaw FirmRepresenting Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Plaintiff law firmMcDonald Hopkins LLCLaw FirmRepresenting Beijing Choice Electronic Technology Co., Ltd.Search in Eureka ↗
Defendant counselAllen E. HooverAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselAndrew Charles WoodAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselAndrew R DeVooghtAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselArthur Tan-chi YuanAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselBrenton R. BabcockAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselBrian EutermoserAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselChristopher C. CampbellAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselEvan Jerome SeederAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselJoseph Frank MarinelliAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselNaina SoniAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselNicholas LockhartAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselStephen Crawford CrenshawAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselWilliam J. KramerAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant counselYushan LuoAttorneyCounsel for Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmCooley LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmCooley LlpLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmFitch, Even, Tabin & Flannery LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmIrwin IP LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmKelley Drye & Warren LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmKing & Spalding LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Defendant law firmLoeb & Loeb LLPLaw FirmRepresenting Contec Medical Systems USA, Inc.Search in Eureka ↗
Presiding judgeJudge Franklin U. ValderramaJudgeIllinois Northern District CourtSearch in Eureka ↗
Official verdict

Official order — verbatim text

“Based upon the parties’ Stipulation and Settlement, all claims asserted by Choice against Contec and all counterclaims asserted by Contec against Choice are hereby DISMISSED without prejudice and with full leave to reinstate via motion filed no later than December 31, 2025. If no motion to reinstate is filed on or before December 31, 2025, then the dismissal shall convert to a dismissal with prejudice without further action by the Court.”
Source: PACER Docket, Case 1:18-cv-00825, Illinois Northern District Court

The dismissal order reflects a negotiated resolution rather than any judicial determination on the merits. The conditional structure — without prejudice now, converting to with prejudice on December 31, 2025 absent reinstatement — is a standard settlement enforcement device that gives both parties time to confirm compliance with undisclosed agreement terms. No finding of infringement, validity, or damages was made. The phrase ‘full leave to reinstate via motion’ confirms that Choice retains the procedural right to revive the litigation through the conversion date, preserving its negotiating position during any post-settlement compliance period.

PACER case 1:18-cv-00825 · Public docket record Explore in Eureka ↗
Patent at issue

US8639308B2 — Fingertip Pulse Oximeter Technology

Publication No.US8639308B2
Application No.US13/409773
Patent details
ProductFingertip pulse oximeter device for non-invasive patient physiological monitoring
Cited in actionJanuary 31, 2018

US8639308B2, filed under application number US13/409773, covers fingertip pulse oximeter technology — devices that non-invasively measure blood oxygen saturation (SpO2) and pulse rate using photoplethysmography. Pulse oximeters clip to a fingertip and use light-emitting diodes to detect changes in light absorption as blood flows through capillaries. The patent’s claims, as asserted in this litigation, were considered broad enough to capture multiple product lines including the Contec CMS50 series and unspecified OEM equivalents, suggesting it may cover core sensor, signal processing, or form-factor elements of the fingertip oximeter design.

Fingertip pulse oximeters became globally significant medical devices — demand surged substantially during the COVID-19 pandemic, creating intensified commercial stakes for IP holders in this space. Beijing Choice and Contec are both Chinese-origin manufacturers competing in the global value segment of this market, making this dispute a cross-border IP enforcement action between direct product competitors. US8639308B2’s enforceability against OEM equivalents means its scope potentially extends to a wide range of white-label and private-label products sold by distributors and healthcare procurement organisations, amplifying its commercial reach beyond the named Contec models.

Patent data sourced from USPTO via PatSnap Eureka patent database Search patent records in Eureka ↗
Freedom to operate

Should your team run an FTO against US8639308B2?

Any company manufacturing, importing, distributing, or procuring fingertip pulse oximeters in the United States — including OEM, white-label, and CMS50-equivalent products — should treat US8639308B2 as an active enforcement risk. The settlement in this case does not constitute a finding of non-infringement and does not bind third parties. Given that the complaint explicitly targeted OEM equivalents, the patent holder’s enforcement posture appears broad. R&D teams developing new pulse oximeter designs and procurement teams sourcing CMS50-class devices should assess claim scope before launch or contract execution.

PatSnap Eureka’s FTO Search Agent can map the claim scope of US8639308B2 against your specific product architecture, flag design-arounds, identify prior art that may support an IPR petition, and surface related patents in Beijing Choice’s portfolio that could present additional exposure. With the December 2025 reinstatement deadline approaching, now is the optimal time to conduct a structured FTO review — before any litigation activity resumes and while the patent’s enforceability status is temporarily stable.

PatSnap Eureka FTO Search

Run a freedom-to-operate analysis on US8639308B2 to assess your product’s exposure

Run FTO in Eureka →
Related litigation

Similar Pulse Oximeter & Medical Device Patent Cases in N.D. Illinois

Patent infringement cases involving fingertip pulse oximeters and patient monitoring devices litigated in the Northern District of Illinois and comparable district courts.

🔍
Access 40+ similar cases in PatSnap Eureka
Beijing Choice Electronic Technology Co., Ltd. patent enforcement history, Illinois Northern case history, Beijing Choice Electronic Technology Co., Ltd.’s full IP portfolio, and comparable case analysis
Masimo pulse oximeter casesSpO2 sensor patent disputesN.D. Ill. medical device IPCMS50 OEM competitor cases
Unlock similar cases in Eureka →
Strategic implications

What this case signals for the pulse oximeter IP landscape

A seven-year enforcement action with no merits verdict leaves the patent landscape for fingertip pulse oximetry genuinely unsettled.

US8639308B2 remains enforceable — no invalidity ruling was made

Because the case resolved via stipulated dismissal without a merits decision, no court has ruled on the validity or infringement scope of US8639308B2. Competitors selling fingertip pulse oximeters — particularly CMS50-equivalent OEM products — face a live, unresolved patent risk. Companies relying on the outcome of this case for FTO clearance should proceed with caution.

The conditional conversion clause is a key date to monitor

The automatic conversion to dismissal with prejudice on December 31, 2025 is a commercially significant deadline. If reinstatement is filed before that date, the dispute restarts. IP counsel tracking enforcement activity around pulse oximetry should docket this date and monitor PACER for any reinstatement motion filed by Beijing Choice.

🔒
Full strategic analysis in PatSnap Eureka
Unlock gated analysis on pulse oximeter FTO exposure and N.D. Ill. enforcement trends from this district court case.
OEM downstream riskIPR & claim construction signalsReinstatement deadline watch
Unlock full analysis →
Analysis powered by PatSnap Eureka Litigation Intelligence Explore in Eureka ↗
Frequently asked questions

Beijing v Contec — key questions answered

Still have questions? PatSnap Eureka can answer them instantly from patent and litigation data. Ask Eureka ↗
PatSnap Eureka

Monitor the December 2025 reinstatement deadline and pulse oximeter IP risk

The conditional dismissal in Beijing Choice v. Contec Medical leaves US8639308B2 enforcement status unresolved until end of 2025. Use PatSnap Eureka to track reinstatement activity, run FTO searches across your pulse oximeter product line, and benchmark your IP position against competitors.

Ask anything about this case.
PatSnap Eureka searches patents and litigation data to answer instantly.
Powered by PatSnap Eureka
Link copied to clipboard

Related Litigation Cases

Help us improve this page

Found incorrect or outdated information? Let us know and we'll get it fixed.