The ongoing patent battle in the healthcare industry between Fisher & Paykel Healthcare and ResMed has been extended to Australia. The dispute is seeking damages and injunctions to halt the sales of ResMed’s products that, F&P allege, infringe four patents. You might remember it was only last month that Fisher & Paykel Healthcare won the case in the UK in relation to its face and nasal masks, hence the decision by the company to extend it to Australia.

The proceedings in the Federal Court of Australia against ResMed and several related companies seek “a range of remedies, including damages and injunctions preventing the manufacture and sale of these products by ResMed in Australia,” the Auckland-based company said.

The case has been going on since 2016 when F&P Healthcare claimed that three of ResMed’s European patents were invalid in the UK and should be revoked. ResMed counterclaimed for infringement but did eventually revoke two of the patents, leaving only one before the court.

Last month, the company posted a 4 percent gain in first-half profit to $81.3 million and said the increase would have been higher if not for $12.2m of patent litigation costs. Those costs were up from $2.4m a year earlier. It said annual profit would be between $185m and $190m, a range that it reiterated today.


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