The San Diego, Calif.-based company said that it has decided to proceed with the defense of 1 of 3 UK ResMed patents that were challenged by Fisher & Paykel while agreeing to revoke the other 2 patents.
ResMed said that the revoked patent will “have no commercial impact on sales of ResMed’s products” and that it’s not binding on the European Patent Office or the German Courts.
In Australia, ResMed said that Fisher & Paykel withdrew a validity challenge to a patent after ResMed presented evidence defending it, and that Fisher & Paykel will pay for ResMed’s court costs.
In New Zealand, ResMed said its case against Fisher & Paykel is moving forward, with a tentative trial date in late 2018.
“ResMed will continue to stand against those we believe have unlawfully violated our patents. We have more than 5,000 patents in our portfolio, reflecting three decades and millions of dollars of sustained investment in research and development, focused on ensuring that patients around the world receive the high-quality care they deserve. We’re confident, as we’ve seen in these early rulings, that ResMed will ultimately prevail against Fisher & Paykel,” Resmed global general counsel and chief administrative officer David Pendarvis said in a press release.
Late last week, ResMed touted a win in a patent spat with Fisher & Paykel after a German court determined that its AirSense 10, AirCurve 10 and Lumis devices and included humidifiers do not infringe on a Fisher & Paykel patent.
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