USITC to investigate Fisher & Paykel at ResMed’s request
The US International Trade Commission (ITC) yesterday announced that it will launch a patent infringement investigation into medical device maker Fisher & Paykel Healthcare, based in New Zealand.
The probe stems from a complaint filed by US competitor ResMed at the end of August, in an ongoing dispute between the two parties.
ResMed and Fisher & Paykel have been locked in a brawl over patents covering nasal pillow masks that treat sleep disorder-related breathing.
ResMed has accused its 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.
Also in August, 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.
Then, in September, Fisher & Paykel filed a complaint with the ITC, seeking an exclusion order to prevent the importation and sale of ResMed’s nasal pillows masks, which are used to treat obstructive sleep apnoea and allegedly infringe five of Fisher & Paykel’s patents.
ResMed had previously filed an ITC complaint against its competitor, but ResMed filed a motion to dismiss its own complaint in May last year.
At the time, ResMed revealed plans to refile its complaint and incorporate additional evidence generated since the original claim was filed.
In the latest complaint, ResMed has requested that the ITC issue a limited exclusion order and cease-and-desist orders.
The ITC will assign the complaint to one of its administrative law judges.
A spokesperson for ResMed said: “We will defend our IP wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and we are confident that when the ITC and the district court hear all the evidence, ResMed will prevail in these cases.”
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