"ResMed is known for its commitment to providing patients with high-quality products that result from sustained, substantial investment in research and development and a focus on each user's needs," said ResMed global general counsel and chief administrative officer David Pendarvis. "ResMed's proprietary designs and superior innovative technologies reflect these priorities."
"We remain steadfast in our commitment to defend our intellectual property wherever necessary to ensure patients receive the high-quality care they deserve. We are confident that when the courts hear all the evidence, ResMed will prevail on its case and defeat any claims asserted by Fisher & Paykel."
In the U.S. International Trade Commission, ResMed seeks an injunction banning importation of Fisher & Paykel Simplus full face mask, Eson nasal mask and Eson 2 nasal mask.
In the U.S. District Court for the Southern District of California, ResMed asserts that Fisher & Paykel Healthcare's Simplus full face mask, Eson nasal mask and Eson 2 nasal mask infringe ResMed's patents relating to modular mask systems, headgear design, and cushion design.
ResMed also asked the San Diego court to invalidate patents that Fisher & Paykel recently asserted against ResMed, to declare that ResMed does not infringe those patents, or both.
ResMed has also initiated preliminary injunction proceedings in Germany, and a suit in New Zealand, to stop infringement in those countries. In the German proceedings, the District Court in Munich has already entered two preliminary injunctions to stop the sale of Simplus, Eson and Eson 2 masks in Germany based on infringement of German parts of two of ResMed´s European patents.
In New Zealand, ResMed is asking an Auckland court to stop Fisher & Paykel from manufacturing and exporting infringing masks from that country.
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