Medical device company Fisher & Paykel is facing a patent infringement case from rival ResMed over its sleep apnea face masks. The company seeks a ban on import and sale of Fisher & Paykel’s Simplus full face, Eson nasal and Eson 2 nasal masks in the US.

The company claim that three of their competitor’s masks infringe on all five of their patented covering mask system and cushion design. The petition ResMed submitted to the United States International Trade Commission is just one move in a long history between the two companies – having been locked in litigation with one another over patent infringement allegations in the US, Europe, New Zealand and Australia since August 2016.

ResMed expects monetary damages for the infringement of patent technology, as well as the injunction. Fisher & Paykel said that they will contest the allegations, but expect costs of contesting the latest infringement allegation will cut annual earnings by up to $10 million. It’a believed ResMed withdrew its petition against the same Fisher & Paykel products last year, as plans were to re-file it in the ITC.

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