Fisher & Paykel patent cases put on hold
AGerman court has suspended two patent proceedings from health appliance firm ResMed against Fisher & Paykel Healthcare.
The court proceedings were suspended while both firms waited for the outcome of a European Patent Office decision over Resmed’s patents, Fisher & Paykel told the NZX on Friday.
Shares in Fisher & Paykel rose 10 cents to $12.75 after the news.
California-based ResMed has said the New Zealand firm’s masks, designed to treat sleep apnoea, violate its patented technology.
Resmed was granted two injunctions in August 2016 that
REUTERS/AAP There were ''serious doubts about the patentability of the asserted claims'' Fisher & Paykel Healthcare
prevented Fisher & Paykel from selling three types of mask, but the court then overturned both bans late last year amid concerns about the validity of ResMed’s patents.
Resmed appealed both decisions in the Munich Regional Court, winning one and withdrawing the other. It continued with amended patent claims, F&P said.
’’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.’’
Resmed is also pursuing legal action against Fisher & Paykel in a US District Court, but dropped a complaint to the US International Trade Commission in May.
Earlier this year, a former Fisher & Paykel Healthcare employee was found guilty of receiving secret commissions from Middle Eastern clients.
Simon William Hall pleaded guilty to accepting about US$213,000 (NZ$295,250) in payments from companies that wanted to become distributors of F&P’s products.
The Serious Fraud Office said the offences took place over six years to 2014.
Hall was sentenced to eight months home detention.