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RMD & FPH Announce Settlement of Global Patent Litigation

Legal20 February 2019FPHHealthcare

ResMed contacts Fisher & Paykel Healthcare contacts

For media: For media and investors:

Jayme Rubenstein Marcus Driller

+1 858.836.6798 | news@resmed.com +64 27 578 9663 | investor@fphcare.co.nz



For investors:

Amy Wakeham

+1 858.836.5000 | investorrelations@resmed.com




ResMed and Fisher & Paykel Healthcare Announce Settlement of Global Patent

Infringement Litigation


• Settlement will end infringement cases worldwide


SAN DIEGO, California, USA and AUCKLAND, New Zealand, February 21, 2019 – ResMed (NYSE: RMD,

ASX: RMD), and Fisher & Paykel Healthcare (NZX: FPH, ASX: FPH) today announced an agreement to settle

all outstanding patent infringement disputes between the companies in all venues around the world.


The settlement involves no payment or admission of liability by either side. Under the agreement, all ongoing

infringement proceedings against named products will be dismissed, and each party will bear its own attorney

fees and costs incurred in the global proceedings. All other terms remain confidential.


As a result of the settlement, there will be no further infringement proceedings against ResMed products,

including AirSense flow generators, AirFit P10, Swift LT and Swift FX masks, and ClimateLine heated tubes; or

against Fisher & Paykel Healthcare products including Simplus, Eson and Eson 2.


“I am pleased we were able to resolve these disputes,” said ResMed CEO Mick Farrell. “This agreement

supports the best interests of ResMed, and all of our stakeholders, including patients, providers, physicians,

and shareholders. ResMed will continue to lead with innovative products, services and solutions for sleep

apnea, COPD, and out-of-hospital healthcare software. We will defend our intellectual property wherever

necessary to ensure that our mask, device and software customers receive the innovative solutions they

deserve.”


“We are pleased to bring these disputes to a close and we appreciate the support of our customers and

shareholders throughout the process,” said Fisher & Paykel Healthcare CEO Lewis Gradon. “The intellectual

property we have generated through our investment in R&D over the past 50 years has enabled us to

positively impact the lives of many millions of patients. We have an ongoing commitment to improve patient

care and outcomes through inspired and world-leading healthcare solutions and this resolution supports that

commitment.”


The settlement is effective immediately, and both companies have begun requesting the withdrawal of the

pending cases.


About ResMed

At ResMed (NYSE: RMD, ASX: RMD) we pioneer innovative solutions that treat and keep people out of the

hospital, empowering them to live healthier, higher-quality lives. Our cloud-connected medical devices

transform care for people with sleep apnea, COPD and other chronic diseases. Our comprehensive out-of-

hospital software platforms support the professionals and caregivers who help people stay healthy in the home

or care setting of their choice. By enabling better care, we improve quality of life, reduce the impact of chronic

disease and lower costs for consumers and healthcare systems in more than 120 countries. To learn more,
visit ResMed.com and follow @ResMed.


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.


Safe harbor statement

Statements contained in this release that are not historical facts are “forward-looking” statements as

contemplated by the Private Securities Litigation Reform Act of 1995. These forward-looking statements –

including statements regarding ResMed’s projections of future revenue or earnings, expenses, new product

development, new product launches, new markets for its products, the integration of acquisitions, litigation, and

tax outlook – are subject to risks and uncertainties, which could cause actual results to materially differ from

those projected or implied in the forward-looking statements. Additional risks and uncertainties are discussed

in ResMed’s periodic reports on file with the U.S. Securities & Exchange Commission. ResMed does not

undertake to update its forward-looking statements.


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