San Diego-based ResMed said that a trial court ruling from Germany’s Munich District Court found that Fisher & Paykel’s Simplus full face and Eson 2 nasal mask head gear infringes on a ResMed patent in the country.
ResMed said that in a separate European decision, the Opposition Division of the European Patent Office decided that the patent asserted against Fisher & Paykel was valid. The company said that each decision could still be appealed by Fisher & Paykel.
“We applaud the Munich District Court for reaching this just finding, and are exploring all options in light of the fact that Fisher & Paykel is selling CPAP masks with headgear that infringes a valid ResMed patent in Germany. We will continue to defend our intellectual property here and wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve,” said ResMed chief administrative officer and global GC David Pendarvis said in a press release.
Fisher & Paykel has not yet responded to the rulings.
Last month, ResMed said that it filed a patent infringement petition with the US International Trade Commissions against Fisher & Paykel.