F&P gets win in German court

Friday, December 2, 2016

MUNICH – The District Court in Munich has overturned two preliminary injunctions previously granted to ResMed against Fisher & Paykel Healthcare’s German subsidiary. In August, the court granted two injunctions, preventing the sale of F&P’s Simplus, Eson and Eson 2 masks in Germany. In a hearing in November, the court ruled to overturn the first injunction and in a subsequent hearing this month, it ruled to overturn the second injunction. As a result of the rulings, F&P’s German subsidiary has resumed sales of the masks in Germany. In August, F&P announced it had filed patent infringement proceedings against ResMed in the U.S. District Court for the Central District of California, seeking judgment that ResMed’s AirSense 10 and AirCurve10 range of flow generators products, its ClimateLineAir heated air tubing and its Swift LT and FX masks infringe patents it holds. ResMed responded by filing patent infringement actions against F&P in U.S., German and New Zealand courts.