LOS ANGELES – A San Diego company is accused of infringing a New Zealand company's patents with its breathing machines.
Fisher & Paykel Healthcare Limited filed a complaint on Aug. 15 in the U.S. District Court for the Central District of California against Resmed Corp. alleging patent infringement.
According to the complaint, the plaintiff alleges that it is the owner of several patents regarding breathing apparatuses and devices used to measure and deliver gases to patients. It alleges the defendant has infringed these patents with its various continuous positive airway pressure (CPAP) machines. The plaintiff holds Resmed Corp. responsible because the defendant allegedly induced consumers and health care service providers to infringe the patents by active marketing and selling and infringed products, which the plaintiff alleges has caused it harm and lost profits.
The plaintiff requests a trial by jury and seeks injunction enjoining the defendant from further infringement, award profits from infringed designs, damages, attorney’s fees, interest, costs and other relief as the court deems just. It is represented by Stephen C. Jensen, Joseph F. Jennings and Sheila N. Swaroop of Knobbe, Martens, Olson & Bear LLP in Irvine.
U.S. District Court for the Central District of California Case number 2:16-cv-06099