In an ongoing case against Fisher & Paykel Healthcare and competitor ResMed, a court in the UK has ruled the patent claim invalid. The ruling means that Fisher & Paykel are free to use the patent as they wish and, in addition to this, ResMed will have to pay all the legal fees for the case.

The case began in 2016 when New Zealand-based Fisher & Paykel sought a declaration from the High Court that three of ResMed’s European patents were invalid in the UK and should be revoked. ResMed revoked two of its patents in the UK just before the trial was due to start, but left one for consideration by the High Court’s patents division.

The court found that the single patent was invalid and ordered, subject to an appeal, that it be revoked in the UK.

“ResMed argued that EP 2 708 258 B1 was infringed by two of Fisher & Paykel Healthcare’s masks used for obstructive sleep apnea therapy, the Eson and Simplus masks,” Fisher & Paykel said in a statement. They continued, “had the patent been valid it would have been infringed. However, the court found that the patent was invalid in its entirety.”

In September, a German court ruled that the same three patent proceedings brought by ResMed by suspended pending the final outcome of oppositions filed by Fisher & Paykel with the European Patent Office.

Fisher & Paykel on Monday said all three opposition proceedings will continue as it seeks to invalidate ResMed patents throughout Europe.  The product manufacturer said other patent litigation actions remain in progress in the United States and New Zealand.

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