The court ruled the patent was infringed by two of F&P Healthcare's masks. Photo: Getty Images

The Munich Regional Court has found Fisher & Paykel Healthcare breached a patent held by rival ResMed.  

The court ruled the patent was infringed by two of F&P Healthcare’s masks. The decision, the latest in the wide-ranging dispute between the two firms, can be appealed to the Higher Regional Court Munich, and will also be deemed invalid if an earlier appeal to the European Patent Office is upheld. 

“While we are disappointed with today’s outcome, this decision will not impact the sale or supply of our current Simplus and Eson 2 masks to our customers in Germany,” F&P managing director Lewis Gradon said in a statement. “Furthermore, we continue to anticipate our earlier challenge to the validity of this patent with the EPO.”

Since 2016 the companies have been locked in litigation spanning the US, UK, Europe, New Zealand and Australia. 

ResMed welcomed the ruling, saying it’s exploring all options available to it over F&P Healthcare’s continuing sales of the disputed headgear in Germany. 

“We will continue to defend our intellectual property here and wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve,” ResMed global general counsel David Pendarvis said. 

Complaints over two other patents asserted by ResMed in Germany have been stayed pending F&P Healthcare’s challenges to their validity. 

F&P Healthcare shares fell 3.8 percent to $13.50, the lowest since June. 

Separately, F&P Healthcare has hired Lyndal York as chief financial officer from March. She’s currently CFO at ASX-listed nappy and tissue maker Asaleo Care. 

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