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 ResMed said in a statement it filed legal action with the U.S.
International Trade Commission and the U.S. District Court for the
Southern District of California in San Diego, as well as courts in
New Zealand and Germany.
ResMed is calling for an injunction banning importation of Fisher &
Paykel Simplus full face mask, Eson nasal mask and Eson 2 nasal
mask. It asserts the masks infringe ResMed's patents. The masks,
which provide continuous airway pressure, are used to treat
obstructive sleep apnea, a condition where airways are blocked
during sleep.
It is also calling on the court to invalidate patents that Fisher &
Paykel recently asserted against ResMed, to declare that ResMed does
not infringe those patents, or both.
Fisher & Paykel Healthcare intends to "vigorously defend" the
allegations, it said in a statement to the New Zealand stock
exchange.
The move comes after Fisher & Paykel Healthcare filed patent
infringement proceedings against ResMed in the U.S. District Court
for the Central District of California earlier this week.
Fisher & Paykel Healthcare argues that several of ResMed’s breathing
masks and air flow products infringe its patents.
The New Zealand company specifically cites the 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.
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Fisher & Paykel Healthcare Chief Executive Lewis Gradon said "we
believe we have good and valid defenses to the claims filed by
ResMed and we will vigorously contest these claims. We are also
confident in our infringement and validity positions with respect to
our own patents."
ResMed global general counsel and chief administrative officer David
Pendarvis said his company "is confident that when the courts hear
all the evidence, ResMed will prevail on its case and defeat any
claims asserted by Fisher & Paykel."
(Reporting by Rebecca Howard; Editing by Jonathan Oatis and Eric
Meijer)
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