09.04.18

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ResMed Cannot Compete, So It is Pursuing an Embargo of the Competition Using Patents on Masks

Posted in Patents at 4:34 am by Dr. Roy Schestowitz

Published two days ago: Qualcomm and AMD Want ‘Innovation’ by Embargo

Mask

Summary: As ResMed resorts to patent litigation against Fisher & Paykel it turns out that what it’s really pursuing is market monopoly — to the point of reaching out to the US International Trade Commission (ITC), not just a District Court

AT the very end of last week ResMed spoke of patent litigation against a rival, Fisher & Paykel. It is reaching out to the ITC with USPTO-granted patents (i.e. of very questionable quality, probably still worse than those granted by the EPO). ResMed's patent lawsuit was covered here on Sunday. It was announced in a press release posted simultaneously in several different Web domains (i.e. money spent to spread the message and maybe control/warp the narrative). Yesterday (a Monday, first day after/during a long weekend) some media caught up, with headlines such as “ResMed lodges patent infringement petition against Fisher & Paykel” and “Fisher and Paykel Healthcare patent battle resurfaces”. They mostly amplify the accuser while largely ignoring the defendant/accused. To quote from the first article:

ResMed, a tech-driven medical device firm, has lodged a patent infringement petition against New Zealand-based medical device manufacturer Fisher & Paykel Healthcare.

[...]

“We will defend our intellectual property wherever necessary to ensure that patients worldwide continue to receive the high-quality care they deserve, and are confident that when the ITC and the District Court hear all the evidence, ResMed will prevail in these cases.”

ResMed is engaged in the development of medical devices and cloud-based software applications to better diagnose, treat and manage sleep apnea, chronic obstructive pulmonary disease (COPD) and other chronic diseases.

To quote from the second article:

The US company has filed complaints in the International Trade Commission and the US District Court in relation to Fisher & Paykel Healthcare’s masks used in the treatment of sleep disorders.

It’s asking the court to ban the import of the masks into the US as well as seeking damages.

ResMed made and then withdrew similar claims against Fisher and Paykel in 2017, but always said it would refile.

Companies that so quickly resort to embargo attempts are bullies; there’s no excuse for this unless life is at risk/in danger and this is in no way representative of “free market” ideals. It’s antithetical to many values supposedly cherished by modern capitalism.

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