WELLINGTON Health appliance firm ResMed Inc has dropped a complaint against New Zealand’s Fisher Paykel Healthcare at the U.S. International Trade Commission (USITC), Fisher Paykel said on Wednesday.
Fisher Paykel Healthcare’s shares rose as much as 4.8 percent after the announcement.
ResMed lodged its complaint with the USITC last August, after filing court proceedings in multiple countries, asking the trade body to investigate and stop Fisher Paykel importing its sleep masks into the United States.
California-headquartered ResMed says the New Zealand firm’s masks, designed to treat sleep apnoea, violate its patented technology.
In a statement to the New Zealand stock exchange, Fisher Paykel said ResMed would keep pursuing legal action against it in a U.S. District Court as well as in Germany and New Zealand.
The USITC is an independent U.S. government agency that can order actions against unfair trade practices, such as banning imports.
ResMed could request another investigation and Fisher Paykel said Resmed had indicated it might file another complaint.
Fisher Paykel said last December a German court had overturned preliminary injunctions granted to ResMed in that country.
(Reporting by Charlotte Greenfield; Editing by Richard Pullin)