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Fisher and Paykel win in German court

Simone Ziaziaris  |  29 Sep 2017Text size  Decrease  Increase  |  
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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.

 

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