F&P wins patent case in UK

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Tuesday, November 14, 2017

AUCKLAND, New Zealand – The English Patents Court has sided with Fisher & Paykel Healthcare, saying a ResMed patent for masks is invalid in the U.K. “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 Lewis Gradon, managing director and CEO, in a press release. In 2016, F&P sought a declaration from the High Court of Justice, Chancery Division, Patents Court in the U.K. that three of ResMed’s European patents were invalid in the U.K. and should be revoked. ResMed counterclaimed for infringement, but just before the trial was set to start, the company revoked two patents, leaving only one before the court. ResMed responded to the ruling, saying it was pleased by the court’s “unambiguous statement regarding our assertion that Fisher & Paykel’s Simplus and Eson masks infringe ResMed’s patent” and pointing out the court’s statement that, “Had it been valid it would have been infringed.” ResMed says it is considering an appeal.