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ResMed, the world’s leading tech-driven medical device company and innovator in sleep-disordered breathing and respiratory care, recently announced that the Munich District Court decided that ResMed’s AirSense 10, AirCurve 10, Lumis and their humidifiers do not infringe a Fisher & Paykel German utility model (a short-term patent), DE 20 2013 012 358 U1.
Although ResMed’s products do not infringe, ResMed will continue its challenge of the validity of the German utility model before the German Patent and Trademark Office (GPTO).
To date, no German court has found that ResMed’s products infringe a Fisher & Paykel patent in any of the three cases brought by Fisher & Paykel against ResMed in Germany. By contrast, the same German court concluded in September that Fisher & Paykel’s Simplus, Eson and Eson 2 masks infringe ResMed patents, while staying the proceedings pending the outcome of invalidation proceedings. ResMed is now defending its own patents in the European Patent Office.
“We applaud the German court for its sensible approach,” said ResMed global general counsel and chief administrative officer David Pendarvis. “We are pleased that the court found our products do not infringe, and look forward to proving that this Fisher & Paykel patent is invalid.”
This ruling in Germany has no impact on ResMed and Fisher & Paykel’s patent infringement litigation in other jurisdictions.
For Further Information
More on the anesthesia monitoring market in Europe can be found in a series of reports published by iData Research entitled the European Market Report Suite for Anesthesia, Respiratory and Sleep Management. The suite covers reports on the following markets: Anesthesia Delivery Units, Anesthesia Disposables, Ventilators, Nebulizers, Respiratory Disposables, Oxygen Therapy, Sleep Apnea Devices and Interfaces, and Sleep Diagnostic Devices.
The iData report series on anesthesia, respiratory and sleep management covers the U.S. and 15 countries in Europe including Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, the United Kingdom and Switzerland. Reports provide a comprehensive analysis including units sold, market value, forecasts, as well as detailed competitive market shares and analysis of major players’ success strategies in each market and segment. To find out more about anesthesia, respiratory and sleep management market data or procedure data, register online or email us at [email protected] for a European Market Report Suite for Anesthesia, Respiratory and Sleep Management brochure and synopsis.