ResMed (NYSE:RMD) this week touted a win in a patent spat with Fisher & Paykel Healthcare (NZE:FPH) 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.
The decision was made by the Munich District Court, the San Diego, Calif.-based company said. ResMed added that although its patents were found to not infringe on the German utility model patent, it will continue to challenge the validity of the patent with the German Patent and Trademark Office.
“We applaud the German court for its sensible approach. We are pleased that the court found our products do not infringe, and look forward to proving that this Fisher & Paykel patent is invalid,” ResMed global general counsel & chief administrative officer David Pendarvis said in a press release.
ResMed said that to date, no German court has ruled that its product infringe any Fisher & Paykel patents in the 3 cases that have been brought against it, and touted that the same German court found that Fisher & Paykel’s Simplus, Eson and Eson 2 masks infringe on ResMed patents.
Last December, Fisher & Paykel touted that a German court overturned preliminary injunctions granted to ResMed in a patent infringement case filed in August.