ResMed and Fisher & Paykel Healthcare today announced an agreement to settle all outstanding patent infringement disputes between the companies in all venues around the world. The settlement involves no payment or admission of liability by either side. Under the agreement, all ongoing infringement proceedings against named products will be dismissed, and each party will bear its own attorney fees and costs incurred in the global proceedings. All other terms remain confidential.
As a result of the settlement, there will be no further infringement proceedings against ResMed products, including AirSense flow generators, AirFit P10, Swift LT and Swift FX masks, and ClimateLine heated tubes; or against Fisher & Paykel Healthcare products including Simplus, Eson and Eson 2.
“I am pleased we were able to resolve these disputes,” said ResMed CEO Mick Farrell. “This agreement supports the best interests of ResMed, and all of our stakeholders, including patients, providers, physicians, and shareholders. ResMed will continue to lead with innovative products, services and solutions for sleep apnea, COPD, and out-of-hospital healthcare software. We will defend our intellectual property wherever necessary to ensure that our mask, device and software customers receive the innovative solutions they deserve.”
“We are pleased to bring these disputes to a close and we appreciate the support of our customers and shareholders throughout the process,” said Fisher & Paykel Healthcare CEO Lewis Gradon. “The intellectual property we have generated through our investment in R&D over the past 50 years has enabled us to positively impact the lives of many millions of patients. We have an ongoing commitment to improve patient care and outcomes through inspired and world-leading healthcare solutions and this resolution supports that commitment.”
The settlement is effective immediately, and both companies have begun requesting the withdrawal of the pending cases.