Learn To Invest
Stocks Special Reports LICs Credit Funds ETFs Tools SMSFs
Video Archive Article Archive
News Stocks Special Reports Funds ETFs Features SMSFs Learn


Fisher and Paykel win in German court

Simone Ziaziaris  |  29 Sep 2017Text size  Decrease  Increase  |  
Email to Friend

Page 1 of 1

SYDNEY - [AAP] A German court has suspended two patent proceedings brought by ResMed (ASX: RMD) against Fisher & Paykel Healthcare (ASX: FPH) due to "validity concerns".

New-Zealand based Fisher & Paykel says a Regional Court in Munich had ruled that both cases brought by medical products manufacturer ResMed be suspended pending the final outcome of oppositions filed by Fisher & Paykel Healthcare with the European Patent Office.

In August 2016, the court granted two preliminary injunctions preventing Fisher & Paykel from selling three of its face and nasal masks in Germany.

But months later, Fisher & Paykel succeeded in overturning the injunctions and resumed selling the products in the country amid concern about the validity of ResMed's patents.

ResMed appealed the decision to Munich's Higher Regional Court but lost one case and withdrew the other before the hearing took place.

"ResMed continued the two actions on the merits with amended patent claims," Fisher & Paykel said in a statement on Friday.

"However, the Regional Court in Munich has now also expressed serious doubts about the patentability of the asserted claims and has suspended the infringement cases."

Fisher & Paykel still has two cases in progress in the Regional Court, in relation to its assertions of its patents against ResMed's AirSense 10 and AirCurve 10 range of flow generator products and Lumis series of non-invasive ventilators.


AAP logo image

© [2017] Australian Associated Press Pty Limited (AAP) or its Licensors. This is the Morningstar service with content provided by AAP where indicated. AAP reserves all rights, including copyright, in services provided by it. The information in the service is for personal use only, does not constitute financial product advice (whether general or personal) and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP. You should seek advice from a professional financial adviser before making decision to acquire or dispose of a financial product.

This service is published for general information purposes only without assuming a duty of care. AAP is not in the business of providing financial product advice (whether personal or general advice), and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise. The globe symbol and "AAP" are registered trademarks.

Email To Friend