Win for ResMed in patent war with Fisher & Paykel
The Munich District Court in Germany has found that sleep masks produced by Fisher & Paykel Healthcare infringe a European patent owned by ResMed.
California-based ResMed, which develops medical equipment related to sleep disorders, announced the news on Monday, October 22.
ResMed had accused the New Zealand-based manufacturer of infringing its European patent 2,373,368 B1 in Germany. The patent, which was filed in 2009, covers a particular style of mask headgear with extendable straps.
According to ResMed, the Munich District Court agreed that the headgear used on two continuous positive airway pressure therapy (CPAP) masks manufactured by Fisher & Paykel—the ‘ simplus’ full face mask and the ‘ eson’ nasal mask—infringe the ‘368 patent.
CPAP therapy is a common treatment for sleep disorder-related breathing, as it allows people to breathe more easily during sleep.
David Pendarvis, chief administrative officer and global general counsel at ResMed, said: “We applaud the Munich District Court for reaching this just finding, and are exploring all options in light of the fact that Fisher & Paykel is selling CPAP masks with headgear that infringes a valid ResMed patent in Germany.”
ResMed said that the European Patent Office’s Opposition Division had already determined that the ‘368 patent is valid.
Fisher & Paykel may appeal against the Munich District Court’s ruling and/or the Opposition Division’s decision, RedMed noted.
In a statement, Fisher & Paykel said that it has already appealed against the Opposition Division's decision and, if claims of the '368 patent are invalidated on appeal, the findings of the Munich District Court will also be invalid.
Lewis Gradon, managing director and CEO of Fisher & Paykel, said: “While we are disappointed with today’s outcome, this decision will not impact the sale or supply of our current simplus and eson 2 masks to our customers in Germany.”
The two companies are currently embroiled in a global dispute centring on patents covering masks that treat sleep disorder-related breathing.
Last month, Fisher & Paykel filed a complaint with the US International Trade Commission (ITC), claiming that ResMed’s AirFit P10 masks infringe five of its patents.
But, the month before, ResMed had filed a petition with the ITC, alleging that Fisher & Paykel’s masks—including the simplus and eson designs—infringe five of ResMed’s patents.
The ITC voted to investigate Fisher & Paykel on October 2, shortly before a release, dated October 5, announced an investigation into ResMed.
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