ResMed provides update in patent case against Fisher & Paykel
ResMed announced the following updates in its ongoing global patent infringement litigation with Fisher & Paykel: In Germany, the court concluded, after an oral hearing on September 21, that Fisher & Paykel's Simplus, Eson and Eson 2 each infringe two ResMed European patents. Consistent with German procedure, the court stayed the infringement proceedings to permit ResMed to defend the validity of its patents in the European Patent Office. In the United Kingdom, ResMed is proceeding to trial in defense of one of three UK ResMed patents that Fisher & Paykel has challenged there, while agreeing to revoke the other two UK patents. The United Kingdom litigation does not involve any allegations against any of ResMed's own products, will have no commercial impact on sales of ResMed's products, and is not binding on the European Patent Office or the German Courts. In Australia, after ResMed presented its evidence defending a key ResMed mask patent, Fisher & Paykel immediately withdrew its validity challenge to that patent and must pay ResMed's court costs. In New Zealand, ResMed's case against Fisher & Paykel for patent infringement is moving forward. ResMed is looking forward to a trial in New Zealand in late 2018.