Sunday, 16 December 2018


GENERAL: FPH: FPH wins patent case against ResMed in UK court

13 Nov 2017 09:23NZX
Fisher & Paykel Healthcare wins patent case against ResMed in UK court

Auckland, New Zealand, 13 November 2017 - Fisher & Paykel Healthcare
Corporation Limited has today announced a UK Court ruling that a patent
asserted against it by ResMed is invalid.

In 2016, Fisher & Paykel Healthcare sought a declaration from the High Court
of Justice, Chancery Division, Patents Court in the United Kingdom 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, leaving only
one, EP 2 708 258 B1, for consideration by the Court.

ResMed argued that EP 2 708 258 B1 was infringed by two of Fisher & Paykel
Healthcare''s masks used for obstructive sleep apnea therapy, the Eson and
Simplus masks. Had the patent been valid it would have been infringed.
However, 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. Fisher & Paykel Healthcare is entitled to recover its legal costs of the
proceedings from ResMed in an amount yet to be determined by the Court. This
result confirms that UK patients can continue to purchase and enjoy the
benefits of our high-performance masks.

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. All three opposition
proceedings will continue as Fisher & Paykel Healthcare seeks to invalidate
these ResMed patents throughout Europe. Other patent litigation actions
remain in progress in the United States and New Zealand.

"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
Managing Director and CEO, Lewis Gradon.

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


Marcus Driller
General Manager Corporate
+64 (0) 27 578 9663

Rachel Reynolds
Senior Communications Manager
+64 (0) 21 713 911
End CA:00310198 For:FPH    Type:GENERAL    Time:2017-11-13 09:23:06
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