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ResMed Files Patent Infringement Action against Fisher & Paykel

  • ResMed files new infringement action against Fisher & Paykel's
    Simplus, Eson and Eson 2 masks in the International Trade Commission
    to stop their importation to and sale in the United States
  • ResMed also files new district court action seeking monetary
    damages for and injunction against sales of F&P's Simplus, Eson and
    Eson 2 masks

ResMed (NYSE:RMD) (ASX: RMD), the world's leading tech-driven medical
device company and innovator in sleep apnea and respiratory care, today
filed a petition with the United States International Trade Commission
to stop the infringement of its patented technology by New Zealand-based
medical device manufacturer Fisher & Paykel Healthcare.

In the International Trade Commission, ResMed seeks an order banning the
importation and sale in the United States of Fisher & Paykel's Simplus
full face mask, Eson nasal mask and Eson 2 nasal mask, for infringing
five ResMed patents relating to mask system and cushion design. ResMed's
new case asserts that:

  • F&P's Simplus infringes each of the five asserted ResMed patents.
  • F&P's Eson and Eson 2 infringe three of the five patents, which relate
    to modular mask systems.

Also today, ResMed filed a new lawsuit in the United States District
Court for the Southern District of California, seeking monetary damages
based on Fisher & Paykel's patent infringement, plus an injunction
against future sales of infringing masks in the United States.

"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," said ResMed global general counsel and chief administrative
officer David Pendarvis. "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."

About ResMed

ResMed (NYSE:RMD, ASX: RMD)) changes lives with award-winning medical
devices and cloud-based software applications that better diagnose,
treat and manage sleep apnea, chronic obstructive pulmonary disease
(COPD) and other chronic diseases. ResMed is a global leader in
connected care, with more than 5 million patients remotely monitored
every day. Our 6,000-strong team is committed to creating the world's
best tech-driven medical device company – improving quality of life,
reducing the impact of chronic disease, and saving healthcare costs in
more than 120 countries.

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