USITC to probe ResMed following Fisher & Paykel complaint
The US International Trade Commission (ITC) has voted to begin an investigation into US medical device maker ResMed following a complaint from New Zealand-based rival Fisher & Paykel Healthcare.
This follows the ITC’s decision to institute a patent infringement investigation into Fisher & Paykel last week after ResMed filed a complaint.
The companies’ dispute centres on patents covering nasal pillow masks that treat sleep disorder-related breathing.
In the latest case to be investigated, Fisher & Paykel alleged that ResMed’s AirFit P10 masks, which are used to treat obstructive sleep apnoea, infringe five of Fisher & Paykel’s patents.
The New Zealand-based company is seeking an exclusion order to prevent the importation and sale of ResMed’s nasal pillow masks.
Just a week ago, on October 1, the ITC announced that it would investigate Fisher & Paykel over the alleged infringement of 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.
ResMed had filed its complaint in August, alongside a lawsuit at the US District Court for the Southern District of California, seeking monetary damages for the alleged infringement and an injunction.
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.
David Pendarvis, ResMed’s chief administrative officer and global general counsel, said: “ResMed does not infringe on others’ medical device patents, and we are confident we will prevail in this case.”
He added that ResMed will continue to “vigorously defend” its IP in order to provide the “best products to millions of patients and invest in innovations that further improve their medical treatment and quality of life”.
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