Thursday 18 August 2016 11:20 AM
ResMed returns fire with its own patent infringement suit against F&P Healthcare
By Jonathan Underhill
Aug. 18 (BusinessDesk) - ResMed has filed a patent infringement complaint in the Southern District of California, as well as lawsuits in Germany and New Zealand, and to the US International Trade Commission against Fisher & Paykel Healthcare just days after the Auckland-based company filed its own lawsuit against its US rival in the market for breathing masks and air flow products.
F&P Healthcare says it will "vigorously defend the recent allegations of patent infringement and declaratory judgment claims made by ResMed". The US company has also filed claims against F&P Healthcare in Germany and New Zealand.
“We believe we have good and valid defenses to the claims filed by ResMed and we will vigorously contest these claims," said chief executive Lewis Gradon. "We are also confident in our infringement and validity positions with respect to our own patents."
ResMed's legal action comes just two days after F&P Healthcare announced that it was "seeking all available remedies, including damages and injunctive relief" in its proceedings in the US District Court for the Central District of California. The lawsuit says ResMed's "AirSense 10 and AirCurve 10 range of flow generator products, ClimateLineAir heated air tubing for use with such flow generator products and Swift LT and Swift FX masks, infringe patents held by Fisher & Paykel Healthcare".
ResMed's suits relate to F&P Healthcare's Simplus full face mask, Eson nasal mask and Eson 2 nasal mask and has also asked the San Diego court "to invalidate patents that Fisher & Paykel recently asserted against ResMed, to declare that ResMed does not infringe those patents, or both."
"We remain steadfast in our commitment to defend our intellectual property wherever necessary to ensure patients receive the high-quality care they deserve," said ResMed global general counsel David Pendarvis. "We are confident that when the courts hear all the evidence, ResMed will prevail on its case and defeat any claims asserted by Fisher & Paykel."
F&P Healthcare shares fell 0.6 percent to $10.42 on the NZX and have gained 18 percent this year. ResMed shares fell 0.9 percent to US$68.48 and are up 28 percent this year.