US-based medical device company ResMed has filed a patent infringement action against New Zealand-based medical device maker Fisher & Paykel Healthcare.

The petition has been submitted to the United States International Trade Commission and US District Court for the Southern District of California.

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ResMed seeks a ban on import and sale of Fisher & Paykel’s Simplus full face, Eson nasal and Eson 2 nasal masks in the US.

The company complaint alleged that these masks infringe five of its patents covering mask system and cushion design.

“ResMed seeks a ban on import and sale of Fisher & Paykel’s Simplus full face, Eson nasal and Eson 2 nasal masks in the US.”

It is claimed that the Simplus full face mask infringes all the five asserted patents, while Eson and Eson 2 infringe three of them.

Through the filing, ResMed expects monetary damages for the infringement of patent technology, along with an injunction preventing sales of infringing masks in the future.

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ResMed global general counsel and chief administrative officer David Pendarvis said: “We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases.”

Commenting on the lawsuit, Fisher & Paykel said that the company will contest the allegations.

Fisher & Paykel Healthcare managing director and CEO Lewis Gradon said: “Fisher & Paykel Healthcare respects the valid intellectual property rights of others, and we are confident in our position with respect to ResMed’s patents given the rigorous clearance we conduct before any product is released to market.”

Since August 2016, Fisher & Paykel and ResMed have been in litigation over patent infringement allegations in the US, Europe, New Zealand and Australia by both companies.

Last year, ResMed is said to have withdrawn its petition against the same Fisher & Paykel products, with plans to re-file it in the ITC.