Fisher & Paykel Healthcare Corporation (ASX:FPH) announced today that the Munich Regional Court has found the headgear for two of its masks used in the treatment of obstructive sleep apnoea (OSA) infringed a patent held by ResMed (ASX:RMD).
This ruling will not impact the sale or supply of the affected masks.
The Court ruled that ResMed patent EP’368 was infringed by the headgear for Fisher & Paykel Healthcare’s Simplus and Eson 2 masks. This decision can be appealed to the Higher Regional Court Munich.
Fisher & Paykel Healthcare had earlier appealed a decision of the European Patent Office (EPO) regarding the validity of these patent claims.
If successful, that appeal will invalidate the claims that the Munich Regional Court has found to be infringed.
Fisher & Paykel Healthcare Managing Director and CEO, Lewis Gradon says they are disappointed with the outcome but the decision will not impact the sale or supply of their current masks to customers in Germany.
Shares in Fisher & Paykel Healthcare Corporation (ASX:FPH) closed 2.01 per cent lower to $12.70 yesterday.