SAN DIEGO— A New Zealand corporation has filed suit against a Minnesota company that allegedly distributes a device that infringes upon the plaintiff's patents.
Fisher & Paykel Healthcare LTD filed a complaint on Aug. 16 in U.S. District Court for the Southern District of California against Resmed Corp.
According to the complaint, the plaintiff alleges that Fisher & Paykel Healthcare LTD suffered damages as the result of its patent being infringed. The plaintiff holds Resmed Corp. responsible because the defendant allegedly sales CPAP machines that infringe upon at least one claim of the plaintiff's patent.
The plaintiff requests a trial by jury and seeks an injunction enjoining the defendant from further infringing plaintiff's patents, compensation to the plaintiff for patent infringement, increased damages up to three times, all legal fees and interest and any other relief as the court deems just. The plaintiff 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 Southern District of California case number 3:16-cv-02068-GPC-WVG