Friday, 29 March 2024

Announcement

GENERAL: FPH: German Court suspends patent proceedings against FPH

29 Sep 2017 09:23NZX
German Court suspends patent proceedings against Fisher & Paykel Healthcare
due to validity concerns

Auckland, New Zealand, 29 September 2017 - Fisher & Paykel Healthcare
Corporation Limited announced today that it has been successful in having two
patent proceedings brought by ResMed against Fisher & Paykel Healthcare
entities in the Regional Court in Munich suspended.

The Court has ruled that both cases relating to ResMed''s assertion of its
patent numbers EP 2 708 258 B1 and EP 1 841 482 B1 be suspended pending the
final outcome of oppositions filed by Fisher & Paykel Healthcare with the
European Patent Office.

Background
In August 2016, the Regional Court in Munich granted two preliminary
injunctions preventing the sale of Simplus, Eson and Eson 2 masks in Germany
by Fisher & Paykel Healthcare. These injunctions were based on EP''258 and
EP''482 as granted by the European Patent Office. In two separate hearings in
November and December 2016, the Regional Court ruled in favour of Fisher &
Paykel Healthcare and both of these injunctions were overturned due to
serious concerns about the validity of ResMed''s patents.

ResMed appealed those decisions to the Higher Regional Court in Munich. In
May 2017 the Higher Regional Court upheld one of the decisions of the
Regional Court and ResMed withdrew its appeal of the other decision before
the hearing in the Higher Regional Court took place.

ResMed continued the two actions on the merits with amended patent claims.
However, the Regional Court in Munich has now also expressed serious doubts
about the patentability of the asserted claims and has suspended the
infringement cases.

Fisher & Paykel Heathcare still has two cases in progress in the Regional
Court in Munich regarding the assertion of its patents against ResMed''s
AirSense 10 and AirCurve 10 range of flow generator products and Lumis series
of noninvasive ventilators. The parties had earlier agreed to each suspend
one of the patent proceedings they were bringing against the other in
Germany, pending determinations on validity.

About Fisher & Paykel Healthcare
Fisher & Paykel Healthcare is a leading designer, manufacturer and marketer
of products and systems for use in respiratory care, acute care, surgery and
the treatment of obstructive sleep apnea.  The company''s products are sold in
over 120 countries worldwide.  For more information about the company, visit
our website www.fphcare.com.

Ends

Contact:
Investors:
Marcus Driller
General Manager Corporate
marcus.driller@fphcare.co.nz
+64 (0) 27 578 9663

Media:
Rachel Reynolds
Senior Communications Manager
rachel.reynolds@fphcare.co.nz
+64 (0) 21 713 911
End CA:00307998 For:FPH    Type:GENERAL    Time:2017-09-29 09:23:31
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