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Fisher & Paykel Healthcare Ltd V Resmed LtdFederal Court of Australia
Judgment Date: 2017-08-21
Abstract: ResMed Limited (ResMed), a medical device manufacturer, has won in an appeal against a decision made by the Commissioner of Patents (Commissioner) which denied 17 out of 20 patent claims on mask used in treating sleep disordered breathing. The issue arose out of the opposition brought by a rival company, Fisher & Paykel Healthcare Limited (Fisher & Paykel), which alleged that ResMed infringed the patents held by Fisher & Paykel.
Intellectual property | Patents | Validity | Lack of inventive step
Published: 7/09/2017
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