A trial court ruling from the Munich District Court states that the headgear used on two Fisher & Paykel CPAP masks—the Simplus full face and Eson 2 nasal mask—infringes ResMed patent EP 2 373 368 B1 in Germany. In a separate decision, the Opposition Division of the European Patent Office had already decided that the patent asserted against Fisher & Paykel is valid. Each decision may 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,” said ResMed chief administrative officer and global general counsel David Pendarvis.
“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,” Pendarvis said.