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New Zealand: F&P wins patent case against ResMed in the UK

A British court has ruled that a patent case asserted against New Zealand-based medical device manufacturer Fisher & Paykel Healthcare by ResMed, the Australian manufacturer of products for the treatment of sleep disorders, is invalid.

In 2016, F&P sought a declaration from Britain’s High Court of Justice that three of ResMed’s European patents were invalid in the UK and should be revoked. ResMed counterclaimed for infringement. Just before the trial was to start, ResMed conceded to revocation of two of its patents in the UK.

In case of the final patent, ResMed argued its product was infringed by two F&P masks used for obstructive sleep apnoea therapy. The court found that the patent was invalid in its entirety.

Subject to any appeal, this European patent will therefore be revoked in the UK. F&P is now entitled to recover its legal costs of the proceedings from ResMed in an amount yet to be determined by the court.

“While today’s ruling is just one more step on the journey, it reinforces our confidence in our position and we are satisfied with progress so far,” said F&P managing director and CEO Lewis Gradon.

Infringement proceedings brought by ResMed in Germany in relation to the same three European patents are stayed pending the outcome of opposition proceedings before the European Patent Office.

Other patent litigation actions remain in progress in the US and New Zealand.

Posted on: 14/11/2017 UTC+08:00


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