Fisher & Paykel files USITC complaint against ResMed
Medical device maker Fisher & Paykel Healthcare filed a complaint with the US International Trade Commission (ITC) yesterday against rival ResMed.
New Zealand-based Fisher & Paykel is seeking an exclusion order to prevent the importation and sale of ResMed’s nasal pillows masks.
ResMed’s AirFit P10 masks are used to treat obstructive sleep apnoea (OSA) and allegedly infringe five of Fisher & Paykel’s patents.
Lewis Gradon, Fisher & Paykel managing director and CEO, said: “Over the past 20 years, Fisher & Paykel has built a significant portfolio of more than 2,000 issued and pending patents. We have developed unique mask technology that has provided improved care and outcomes for patients with OSA and we take infringement of our IP rights very seriously.”
This is the latest development in the battle between the two competitors.
In late August, California-based ResMed filed a petition with the ITC against Fisher & Paykel, accusing the rival of infringing five patents relating to “mask system and cushion design” through the sale of the Simplus full face mask, Eson nasal mask and Eson 2 nasal mask.
At the same time, ResMed filed a new lawsuit at the US District Court for the Southern District of California, seeking monetary damages for the alleged infringement and an injunction.
David Pendarvis, ResMed’s global general counsel and chief administrative officer, said: “We will defend our IP wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the district court hear all the evidence, ResMed will prevail in these cases.”
In May last year, ResMed filed a motion to dismiss another ITC complaint it had filed against its competitor.
At the time, ResMed revealed plans to refile its complaint and incorporate additional evidence generated since the original complaint was filed.
In early September, Fisher & Paykel cut its fiscal 2019 net profit outlook in light of the expected legal costs to contest the patent allegations.
Fisher & Paykel said it has been in patent litigation with ResMed since August 2016 with suits brought by both parties in the US, Europe, New Zealand and Australia.
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