On July 8, 2024, Politan Capital Management raised concerns about a potential scheme to manipulate the upcoming Annual Meeting of Stockholders of Masimo Corporation. Politan Capital stated that it observed that a brokerage linked to an investor, a friend of Kiani, voted approximately 9.9% of the company?s stock in favor of the company's nominees and the number of shares voted exceeded the publicly reported ownership by this investor, with shares accumulated before and disposed of after the record date. Politan Capital expressed that this activity coincided with increased short interest in Masimo stock.

Politan Capital believes this indicates ?record date capture? and ?empty voting,? where shares are voted without economic exposure.

Politan urged the Board to set a new record date and investigate any contact between Kiani and this investor. In addition, Politan Capital noted the need for the investor to have filed a Schedule 13D with the SEC. Further, Politan requested the Board address these issues promptly.