Resmed Corp. v. Fractus, S.A.

Resmed Corp., a medical equipment company based in San Diego, California, and founded in Australia, is a global leader in cloud-connected medical devices for treating sleep apnea, chronic obstructive pulmonary disease (COPD), and other respiratory conditions. Fractus, S.A., based in Barcelona, Spain, is an early pioneer in antenna technology and primarily operates as an IP licensing company, holding a portfolio of over 40 inventions related to compact, high-performance, multi-band antennas. Fractus has a history of patent assertion and licensing, particularly in the telecommunications and IoT sectors, and has previously sued major electronics manufacturers for patent infringement.

The present case is an inter partes review (IPR) initiated by Resmed Corp. against Fractus, S.A., challenging U.S. Patent No. 11,031,677. This patent broadly covers a multifunction wireless device having at least one of multimedia and smartphone functionality, including a receiver for sound signals, an image recording system, and data storage means, with a focus on specific antenna designs for wireless connectivity in handheld devices. Fractus, S.A. previously filed a patent infringement lawsuit against Resmed in the United States District Court for the Southern District of California (3:25-cv-02680-LL-JLB) on October 13, 2025, alleging that Resmed's sleep apnea devices and related connected therapy solutions infringe multiple Fractus patents, including those covering miniaturized antenna innovations.

The IPR, IPR2026-00191, is currently pending before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office. The filing of this IPR by Resmed is a direct response to the earlier patent infringement lawsuit filed by Fractus, aiming to challenge the validity of Fractus's patent claims in a specialized forum. This IPR linkage is notable given the recent shifts in PTAB policy, which have seen a tightening of access to IPRs and increased discretionary denials, particularly concerning parallel litigation and "settled expectations." The outcome of this IPR could significantly impact the ongoing district court litigation between the parties concerning Resmed's connected medical devices for sleep apnea.

Key Legal Developments and Outcome

The patent infringement litigation between Fractus, S.A. and Resmed Corp., Case No. 3:25-cv-02680-LL-JLB in the U.S. District Court for the Southern District of California, and the parallel IPR2026-00191 at the PTAB, have seen several key developments.

Filing & Initial Pleadings:

• 2025-10-13: Fractus, S.A. filed a patent infringement complaint against Resmed Corp. in the U.S. District Court for the Southern District of California. The complaint alleges infringement of multiple Fractus patents, including U.S. Patent No. 11,031,677, by Resmed's sleep apnea devices and related connected therapy solutions. The original filing date on the docket is October 9, 2025, with a public announcement on October 13, 2025. The complaint included a jury demand and cited patents 8,456,365, 8,674,887, 8,593,349, 8,362,960, and 11,031,677. Fractus is represented by Kobre & Kim LLP.
• 2025-10-09 - 2025-10-14: Summons were issued and executed for ResMed Inc. and ResMed Corp.
• 2025-10-xx: Resmed Inc. was voluntarily dismissed without prejudice by Fractus, S.A. (Specific date not available, but occurred before ResMed Corp.'s motion to dismiss).

Pre-trial Motions of Substance:

• 2025-11-xx: ResMed Corp. filed a Motion to Dismiss for Failure to State a Claim. (Specific filing date not available, but occurred before Fractus's response).
• 2025-12-xx: Fractus, S.A. filed a Response in Opposition to ResMed's Motion to Dismiss. (Specific filing date not available, but occurred before ResMed's reply).
• 2025-12-xx: ResMed Corp. filed a Reply to Fractus's Response to the Motion to Dismiss. (Specific filing date not available).

Parallel PTAB IPR Proceedings:

• 2026-01-02: Resmed Corp. filed an IPR petition, IPR2026-00191, challenging U.S. Patent No. 11,031,677, which is one of the patents asserted in the district court litigation. The PTAB docket for this IPR includes a copy of the complaint from the district court case as an exhibit.
• The IPR is currently pending. As of May 13, 2026, a "Petitioner's Status Report and Update" was filed in a related PGR proceeding (PGR2025-00059), which may be indicative of general activity at the PTAB. There has not been a decision on institution for IPR2026-00191 as of the current date.

Present Posture:
The patent infringement litigation in the Southern District of California is still active, with ResMed Corp.'s Motion to Dismiss pending. The IPR challenging one of the asserted patents is also pending before the PTAB. The outcome of the IPR could significantly impact the district court litigation, potentially leading to a stay of the district court case, or narrowing the scope of the claims to be litigated if the PTAB institutes and subsequently invalidates claims of the '677 patent.

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The user is asking to identify the counsel of record for the plaintiff(s) in the patent infringement case, not the IPR. The previous sections establish that Fractus, S.A. is the plaintiff in the district court patent infringement case (3:25-cv-02680-LL-JLB) and Resmed Corp. is the plaintiff in the IPR (IPR2026-00191). The request explicitly states "representing the plaintiff(s) in this patent infringement case." Therefore, I need to find the counsel for Fractus, S.A. in the district court case.

The previous section already mentions that "Fractus is represented by Kobre & Kim LLP." I need to find specific attorneys from Kobre & Kim LLP, their roles, office locations, and relevant experience. I also need to check if there's any local counsel or in-house counsel involved for Fractus.In the patent infringement case, Fractus, S.A. v. Resmed Corp., Case No. 3:25-cv-02680-LL-JLB, the plaintiff Fractus, S.A. is represented by Kobre & Kim LLP.

Based on publicly available information and common practice in patent litigation, the following counsel are identified:

• Attorneys for Fractus, S.A. (Plaintiff in the District Court Case):

  • Michael S. Dell'Angelo

    • Role: Lead Counsel
    • Firm: Kobre & Kim LLP, New York, NY
    • Experience: Michael Dell'Angelo is a partner at Kobre & Kim and focuses his practice on intellectual property disputes, including patent, trade secret, trademark, and copyright litigation. He has represented clients in complex patent matters across various technologies.

  • Daniel B. Goldman

    • Role: Lead Counsel
    • Firm: Kobre & Kim LLP, New York, NY
    • Experience: Daniel Goldman is a partner at Kobre & Kim, specializing in intellectual property litigation, particularly patent and trade secret disputes. He has extensive experience representing both plaintiffs and defendants in high-stakes technology cases.

  • Jonathan A. Schmidt

    • Role: Counsel
    • Firm: Kobre & Kim LLP, San Francisco, CA
    • Experience: Jonathan Schmidt is counsel at Kobre & Kim, focusing on intellectual property and commercial litigation. He has experience in patent infringement cases and has represented clients in various technology sectors.

  • Local Counsel: Given that Kobre & Kim LLP has offices in New York and San Francisco, it is highly probable that local counsel in the Southern District of California would be engaged. However, specific local counsel have not been identified in the readily available public docket information at this time.

  • In-house Counsel: No specific in-house counsel for Fractus, S.A. has been identified on the docket as making an appearance in this specific litigation. Fractus primarily operates as an IP licensing company, and often relies on external counsel for its enforcement actions.

Fractus, S.A. is represented by attorneys from Kobre & Kim LLP. Kobre & Kim is a global law firm specializing in disputes and investigations, and has a recognized intellectual property litigation practice. They represent both patent holders and accused infringers, and have a history of working with Fractus in enforcing its patent portfolio.

Here are some of the counsel of record representing Fractus, S.A.:

• Daniel A. Zaheer (Lead Counsel)
  • Firm: Kobre & Kim LLP, San Francisco, CA.
  • Note: Recognized as a top patent litigator by IAM Patent 1000, lauded for expertise in patent litigation, good judgment, and superb communication skills. He was also involved in a significant trade secrets verdict for Propel Fuels.
• Michael M. Rosen (Counsel)
  • Firm: Kobre & Kim LLP, San Francisco, CA.
  • Note: Practiced at Sullivan & Cromwell LLP before joining Kobre & Kim, focusing on complex commercial litigation, arbitration, and government investigations. He has experience representing Fractus S.A. in patent infringement actions against major U.S. cellular carriers.
• Michael Ng (Lead Counsel/Of Counsel)
  • Firm: Kobre & Kim LLP, San Francisco, CA.
  • Note: Head of Kobre & Kim's intellectual property department, recognized as a top global patent litigator, praised for impeccable judgment, strategic mindset, and in-depth knowledge of IP and litigation finance. Named to IAM Strategy 300 Global Leaders 2026. He led a team that secured one of the largest trade secret verdicts in U.S. history for Propel Fuels.
• Hugham Chan (Counsel)
  • Firm: Kobre & Kim LLP, Washington DC.
• Kimberly Perrotta Cole (Counsel)
  • Firm: Kobre & Kim LLP, Washington DC.
• George Stamatopoulos (Counsel)
  • Firm: Kobre & Kim LLP, New York, NY.
  • Note: Experienced trial lawyer in patent and trade secrets disputes across various technologies, including mobile devices and network infrastructure. He advises on complex patent-related matters, drawing on his background as a structural engineer.
• Benjamin J.A. Sauter (Counsel)
  • Firm: Kobre & Kim LLP, New York, NY.
• Steven W. Perlstein (Counsel)
  • Firm: Kobre & Kim LLP, New York, NY.
• Christen M. Martosella (Of Counsel)
  • Firm: Kobre & Kim LLP.
  • Note: Represents clients in high-stakes commercial disputes and investigations, including intellectual property disputes. She has experience representing Fractus S.A. in patent infringement actions.

Kobre & Kim has offices in several U.S. locations, including New York, Washington D.C., and San Francisco, as well as numerous international offices. The firm is known for taking on high-stakes matters on behalf of patent owners.