FPH wins patent case against ResMed in UK court

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STOCK EXCHANGE LISTINGS: NEW ZEALAND (FPH), AUSTRALIA (FPH)

Fisher & Paykel Healthcare wins patent case against ResMed in UK court

Auckland, New Zealand, 13 November 2017 - Fisher & Paykel Healthcare Corporation Limited has
today announced a UK Court ruling that a patent asserted against it by ResMed is invalid.

In 2016, Fisher & Paykel Healthcare sought a declaration from the High Court of Justice, Chancery
Division, Patents Court in the United Kingdom that three of ResMed’s European patents were
invalid in the UK and should be revoked. ResMed counterclaimed for infringement. Just before the
trial was to start, ResMed conceded to revocation of two of its patents in the UK, leaving only one,
EP 2 708 258 B1, for consideration by the Court.

ResMed argued that EP 2 708 258 B1 was infringed by two of Fisher & Paykel Healthcare’s masks
used for obstructive sleep apnea therapy, the Eson and Simplus masks. Had the patent been valid
it would have been infringed. However, the Court found that the patent was invalid in its entirety.

Subject to any appeal, this European patent will therefore be revoked in the UK. Fisher & Paykel
Healthcare is entitled to recover its legal costs of the proceedings from ResMed in an amount yet
to be determined by the Court. This result confirms that UK patients can continue to purchase and
enjoy the benefits of our high-performance masks.

Infringement proceedings brought by ResMed in Germany in relation to the same three European
patents are stayed pending the outcome of opposition proceedings before the European Patent
Office. All three opposition proceedings will continue as Fisher & Paykel Healthcare seeks to
invalidate these ResMed patents throughout Europe. Other patent litigation actions remain in
progress in the United States and New Zealand.

“While today’s ruling is just one more step on the journey, it reinforces our confidence in our
position and we are satisfied with progress so far,” said Managing Director and CEO, Lewis
Gradon.

About Fisher & Paykel Healthcare
Fisher & Paykel Healthcare is a leading designer, manufacturer and marketer of products and
systems for use in respiratory care, acute care, surgery and the treatment of obstructive sleep
apnea. The company’s products are sold in over 120 countries worldwide. For more information
about the company, visit our website www.fphcare.com
.

Ends

Contact:
Investors:
Marcus Driller
General Manager Corporate
marcus.driller@fphcare.co.nz
+64 (0) 27 578 9663
Media:
Rachel Reynolds
Senior Communications Manager
rachel.reynolds@fphcare.co.nz
+64 (0) 21 713 911