ResMed, Respironics settle lawsuits

September 8, 2003 SAN DIEGO, and MURRYSVILLE, Pa. - ResMed and Respironics have settled all patent infringement lawsuits pending between them, the companies announced Friday. This settlement resolves all matters relating to the 1995 action by ResMed, and the corresponding claims and counterclaims by Respironics, pending in the Western District of Pennsylvania; and all matters relating to the 2002 action by ResMed, and the corresponding claims and counterclaims by Respironics, pending in the Southern District of California. ResMed and Respironics will dismiss all lawsuits with prejudice. The remaining terms and conditions of the settlement are confidential. Both parties are pleased to have settled the dispute. Jim Liken, president and CEO of Respironics commented: "At Respironics, we believe that this settlement is positive for our company and the industry and will allow us to further focus our efforts and resources on the marketplace and our customers. The sleep disorders market continues to hold potential in both the domestic and international venues and we look forward to capitalizing on these opportunities with these intellectual property disputes concluded." Peter C. Farrell, PhD, chairman and CEO of ResMed commented: "We are pleased with the settlement. We have invested heavily in our research and development efforts and intellectual property over the last several years, and are glad to bring these disputes to a close. The resolution will allow us to increase our R&D and awareness efforts focused on treating the many undiagnosed sleep-disordered breathing sufferers worldwide, particularly those with cardiovascular disease exacerbated by their sleep- disordered breathing." Neither company is changing its financial guidance or outlook for fiscal year 2004 based on this settlement.