German court sides with ResMed

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Friday, October 13, 2017

SAN DIEGO – ResMed says that a Munich District Court has decided that its AirSense 10 and AirCurve 10 CPAP devices and its Lumis ventilators, along with their humidifiers, do not infringe a Fisher & Paykel short-term patent, StreetInsider reports. Despite the decision, ResMed plans to continue its challenge of the validity of F&P’s patent before the German Patent and Trademark Office. ResMed says, to date, no court has found that its products infringe F&P patents in any of the three cases brought by F&P against ResMed in Germany. ResMed says the same German court in September, however, found that F&P’s Simplus, Eson and Eson 2 masks infringe ResMed patents. The court also stayed proceedings, pending the outcome of invalidation proceedings. ResMed says it is now defending its own patents in the European Patent Office.