ResMed and Fisher & Paykel Healthcare settle patent disputes

21 February 2019 (Last Updated February 21st, 2019 13:47)

US-based ResMed and New Zealand-based Fisher & Paykel Healthcare have reached an agreement to settle all patent infringement litigations across all regions worldwide.

ResMed and Fisher & Paykel Healthcare settle patent disputes
The Fisher & Paykel Healthcare’s Eson 2 mask has been designed for obstructive sleep apnoea treatment. Credit: Fisher & Paykel Healthcare Limited.

US-based ResMed and New Zealand-based Fisher & Paykel Healthcare have reached an agreement to settle all patent infringement litigations across all regions worldwide.

The companies have been in dispute over patent infringement since 2016 in multiple countries, including the US, New Zealand and Australia.

Their recent litigation involved a claim filed by ResMed against Fisher & Paykel Healthcare, seeking a ban on import and sale of Fisher & Paykel’s Simplus full face, Eson nasal and Eson 2 nasal masks in the US.

“Under the terms of the latest agreement, all ongoing proceedings will be dismissed. The settlement does not involve any payment or admission of liability by either party.”

Due to the settlement, no further infringement proceedings will be conducted against ResMed products such as AirSense flow generators, AirFit P10, Swift LT and Swift FX masks and ClimateLine heated tubes.

This also applies to Fisher & Paykel Healthcare products, including Simplus, Eson and Eson 2 masks

Fisher & Paykel Healthcare CEO Lewis Gradon said: “We are pleased to bring these disputes to a close and we appreciate the support of our customers and shareholders throughout the process.

“The intellectual property we have generated through our investment in R&D over the past 50 years has enabled us to positively impact the lives of many millions of patients.”

Under the terms of the latest agreement, all ongoing proceedings will be dismissed. The settlement does not involve any payment or admission of liability by either party.

Each company will bear its own attorney fees and costs incurred in the global proceedings.

ResMed CEO Mick Farrell said: “This agreement supports the best interests of ResMed, and all of our stakeholders, including patients, providers, physicians, and shareholders.

“We will defend our intellectual property wherever necessary to ensure that our mask, device and software customers receive the innovative solutions they deserve.”

Both ResMed and Fisher & Paykel Healthcare develop medical devices to help in respiratory care.

The settlement between the two firms is effective immediately, and both companies have requested the withdrawal of the pending cases.

Additional reporting by Charlotte Edwards.