ResMed takes action against US firm in patent battle

Australian sleep apnoea devices company ResMed has filed a lawsuit against US-based Respironics, claiming that several Respironics products infringe on ResMed patents.

The lawsuit also charges that Respironics has copied ResMed's proprietary mask technology and alleges violation of the Lanham Act, trademark and trade dress infringement, and common law violations.

In a statement, ResMed said it was seeking an injunction and damages.

"ResMed has devoted substantial resources to the development of its mask technology. Today's suit is an effort to protect the intellectual property those resources have produced. We will not tolerate the copying of our products by competitors," said ResMed CEO Peter Farrell in the statement.

This is the second patent infringement case brought by ResMed against competitors in the last couple of months. In August ResMed filed a similar suit against NZ company Fisher and Paykel Healthcare.

Forbes award

ResMed also announced that it had made the Forbes 200 Best Small Companies list for the sixth year in a row. This year it is 18th on the list, up from 24th last year.

ResMed said companies had to meet a number of criteria in order to qualify for the list, including maintaining a share price above $US5, having a net margin above 5 per cent and having a five-year average return on equity of at least 5 per cent. The rankings are based on five-year performance in a number of indicators.