San Diego-based ResMed has filed a patent infringement petition that is seeking to ban the U.S. import and sale of select breathing masks from New Zealand-based Fisher & Paykel.
The petition, filed with the United States International Trade Commission, alleges that Fisher & Paykel’s Simplus full face masks, Eson nasal mask and Eson 2 nasal mask infringed on ResMed patents around mask system and cushion design.
ResMed makes masks, devices and accessories to treat sleep apnea and other respiratory conditions.
In addition, ResMed filed a lawsuit in the United States District Court for the Southern District of California seeking monetary damages based on the alleged infringement, as well as an injunction against future U.S. sales of the at-issue masks.
“We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases,” ResMed global general counsel and chief administrative officer David Pendarvis, said in a news release.
Fisher & Paykel did not immediately respond to a request to comment.