ResMed wins in German court

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Tuesday, October 23, 2018

SAN DIEGO – A trial court ruling from the Munich District Court says the headgear used on two CPAP masks from Fisher & Paykel Healthcare—the Simplus full-face and Eson nasal—infringes a ResMed patent in Germany. In a separate decision, the Opposition Division of the European Patent Office had already stated the patent asserted against F&P is valid, according to a press release from ResMed. F&P may appeal both decisions. Earlier this year, ResMed filed a new petition with the U.S. International Trade Commission seeking an order banning the import and sale of F&P’s Simplus full-face, Eson nasal and Eson 2 nasal masks for allegedly infringing on five ResMed patents related to masks system and cushion design. F&P countered with its own complaint with the ITC, seeking an exclusion order to prevent the import and sale in the United States of ResMed’s AirFit P10, AirFit P10 for Her and AirFit P10 for AirMini masks for allegedly infringing five F&P patents.