Fisher and Paykel Healthcare Corp has won a patent case against ResMed in the UK in the ongoing intellectual property dispute for its face and nasal masks across various jurisdictions.
The High Court of Justice, Chancery Division, Patents Court ruled a disputed ResMed patent was invalid, with the New Zealand manufacturer entitled to recover its legal costs with the amount yet to be determined by the court, the company said in a statement.
"While today's ruling is just one more step on the journey, it reinforces our confidence in our position and we are satisfied with progress so far," chief executive Lewis Gradon said.
In 2016, F&P Healthcare claimed that three of ResMed's European patents were invalid in the UK and should be revoked. ResMed counterclaimed for infringement but did eventually revoke two of the patents, leaving only one before the court.
ResMed argued that patent EP 2 708 258 B1 was infringed by two of F&P Healthcare's masks used for obstructive sleep apnea therapy, the Eson and Simplus masks. Had the patent been valid it would have been infringed. However, "the court found that the patent was invalid in its entirety." F&P Healthcare said.
Subject to any appeal, this European patent will be revoked in the UK and "this result confirms that UK patients can continue to purchase and enjoy the benefits of our high-performance masks," the New Zealand company said.
