Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch)
This was a claim for a declaration of invalidity and/or non-infringement of three patents, each of which was concerned with features of masks to be used with continuous pressure airway pumps for the treatment of sleep apnea. Shortly before trial the patentee consented to revocation of two of the patents. The trial of the third patent involved consideration of construction and the doctrine of equivalence in the light of the recent Actavis judgment in the Supreme Court. Richard Meade QC, sitting as a Deputy High Court judge, held that the patent was invalid for lack of inventive step.
Iain Purvis QC and Benet Brandreth acted for the Claimants. Piers Acland QC and Tom Alkin acted for the Defendants.