The tit-for-tat intellectual property battle with ResMed continues.
The tit-for-tat patent battle between Fisher & Paykel Healthcare and NYSE-listed rival ResMed continues to intensify, with both companies claiming their patents have been breached in the US.
New Zealand’s largest listed healthcare company has filed a complaint with the US International Trade Commission (ITC), seeking an exclusion order to prevent the importation and sale of ResMed’s AirFit P10 range of nasal pillows masks in the US.
F&P shares gained 1.08%, or 16c, to $14.96 after the announcement.
The company alleges that ResMed’s AirFit P10 masks, AirFit P10 for Her masks and AirFit P10 for AirMini masks, which are used in the treatment of obstructive sleep apnea (OSA), infringe five patents.
Chief executive Lewis Gradon says it is seeking a permanent exclusion order and cease and desist order from the ITC to prevent the sale and importation of the AirFit P10 range of masks in the US.
“Over the past 20 years, Fisher & Paykel Healthcare has built a significant portfolio of more than 2000 issued and pending patents.
“We have developed unique mask technology that has provided improved care and outcomes for patients with OSA and we take infringement of our intellectual property rights very seriously.”
Earlier this month, F&P downgraded its earnings guidance by $5-10 million for the financial year ended March 31, 2019, due to the legal costs it expects to incur in contesting patent allegations made against it by ResMed in the US International Trade Commission (ITC) and the US District Court for the Southern District of California.
ResMed filed complaints in relation to Fisher & Paykel Healthcare’s Eson and Simplus range of masks used in the treatment of obstructive sleep apnea.
Since August 2016, the companies have filed patent infringement notices and counter-claims on various of the other’s OSA products, in courts in the US, the UK, New Zealand, Australia and Germany.
The litigation expense for F&P was $15.6m in the latest financial year.
