ResMed, a tech-driven medical device firm, has lodged a patent infringement petition against New Zealand-based medical device manufacturer Fisher & Paykel Healthcare.
The company has lodged a complaint against Fisher & Paykel at the US International Trade Commission to cease the infringement of its patented technology.
ResMed is seeking to ban the importation and sale of Fisher & Paykel’s Simplus full face mask, Eson nasal mask and Eson 2 nasal mask in the US for infringing five ResMed patents linked to mask system and cushion design.
The company alleges that Fisher & Paykel’s Simplus infringes each of the five asserted ResMed patents, while Eson and Eson 2 infringe three of the five patents that related to modular mask systems.
ResMed has also lodged a new lawsuit in the US District Court for the Southern District of California to get monetary damages based on Fisher & Paykel’s patent infringement, as well as an injunction against future sales of infringing masks in the US.
ResMed global general counsel and chief administrative officer David Pendarvis said: “ResMed provides millions of consumers with high-quality products, which are the direct result of substantial and sustained investments in research and development, as well as a focus on each consumer’s therapy needs.
“We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases.”
ResMed is engaged in the development of medical devices and cloud-based software applications to better diagnose, treat and manage sleep apnea, chronic obstructive pulmonary disease (COPD) and other chronic diseases.
The company produces continuous positive airway pressure (CPAP) device for the treatment of sleeping disorders such as snoring or obstructive sleep apnea (OSA).
The device includes three parts, including CPAP motor, CPAP hoses and CPAP masks.
CPAP motor serves as a compressor to draw in the room temperature air and pressurize it, and to gently deliver the correct amount of air.
CPAP hoses shifts air from the motor to the mask, while CPAP masks are provided in different shapes and sizes to meet the requirements of different individuals.