Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch) (10 November 2017)

Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch) (10 November 2017)

The 258 patent is invalid for lack of inventive step over the prior art (Geist and Lovell). The skilled team would have found it obvious to use a snap-fit connection with snap fingers to attach a shroud to a CPAP mask frame, applying common general knowledge. The claim terms 'snap-fit' and 'snap finger' are to be interpreted broadly, not limited to sudden or tactile engagement, and do not require the finger itself to deflect. There is no infringement as the patent is invalid.

Citation
[2017] EWHC 2748 (Ch)
Parties
Claimant/part 20 Defendant: Fisher & Paykel Healthcare Limited (England and Wales); Claimant/part 20 Defendant: Fisher & Paykel Healthcare Limited (New Zealand); Defendant/part 20 Claimant: ResMed Limited (Australia); Defendant/part 20 Claimant: ResMed (UK) Limited
Jurisdiction
England and Wales
Judgment Date
10 November 2017
Procedural Posture
Patent Revocation and Infringement / First Instance Judgment
Outcome
Patent revoked for lack of inventive step; no finding of infringement as patent invalid.
Legal Topics
Patent Validity, Patent Infringement, Inventive Step, Novelty, Claim Construction
Intellectual Property Patents Patent Validity Patent Infringement Inventive Step Novelty Claim Construction

Case Brief

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Parties

Fisher & Paykel Healthcare Limited (England and Wales)

Claimant/part 20 Defendant

Fisher & Paykel Healthcare Limited (New Zealand)

Claimant/part 20 Defendant

ResMed Limited (Australia)

Defendant/part 20 Claimant

ResMed (UK) Limited

Defendant/part 20 Claimant

Procedural Posture

Patent Revocation and Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether EP (UK) 2 707 258 patent lacks novelty and inventive step over prior art ('Geist' and 'Lovell')
  2. 2 Whether Fisher & Paykel's Simplus and Eson masks infringe the 258 patent

Ratio Decidendi

The 258 patent is invalid for lack of inventive step over the prior art (Geist and Lovell). The skilled team would have found it obvious to use a snap-fit connection with snap fingers to attach a shroud to a CPAP mask frame, applying common general knowledge. The claim terms 'snap-fit' and 'snap finger' are to be interpreted broadly, not limited to sudden or tactile engagement, and do not require the finger itself to deflect. There is no infringement as the patent is invalid.

Court Disposition

Patent revoked for lack of inventive step; no finding of infringement as patent invalid.

Orders

  • EP (UK) 2 707 258 patent revoked
  • No order on infringement as patent invalid