ResMed files new infringement action against Fisher & Paykel’s Simplus, Eson and Eson 2 masks in the International Trade Commission to stop their importation to and sale in the United States
ResMed also files new district court action seeking monetary damages for and an injunction against sales of F&P’s Simplus, Eson and Eson 2 masks
Last Friday ResMed filed a petition with the United States International Trade Commission to stop the infringement of its patented technology by New Zealand-based medical device manufacturer Fisher & Paykel Healthcare.
In the International Trade Commission, ResMed seeks an order banning the importation and sale in the United States of Fisher & Paykel’s Simplus full face mask, Eson nasal mask and Eson 2 nasal mask, for infringing five ResMed patents relating to mask system and cushion design. ResMed’s new case asserts that:
F&P’s Simplus infringes each of the five asserted ResMed patents.
F&P’s Eson and Eson 2 infringe three of the five patents, which relate to modular mask systems.
Also on Friday, ResMed filed a new lawsuit in the United States District Court for the Southern District of California, seeking monetary damages based on Fisher & Paykel’s patent infringement, plus an injunction against future sales of infringing masks in the United States.
“ResMed provides millions of consumers with high-quality products, which are the direct result of substantial and sustained investments in research and development, as well as a focus on each consumer’s therapy needs,” said ResMed global general counsel and chief administrative officer David Pendarvis. “We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases.”