3B Medical gets win at ITC

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Friday, December 2, 2016

WINTER HAVEN, Fla. – An administrative law judge of the U.S. International Trade Commission has issued an initial determination that ResMed failed to satisfy the domestic industry requirement for patents relating to its CPAP masks and nasal pillow products manufactured in Australia, Singapore and Malaysia, according to 3B Medical, which has been embroiled in several legal battles with its competitor. 3B Medical successfully argued that ResMed did not demonstrate sufficient U.S. content to obtain protection under Section 337 because “ResMed has not demonstrated that the value added by the alleged activities in the U.S. is significant compared to the overall manufacturing cost,” 3B Medical stated. “As a result of the decision, the ALJ found no violation of any of the asserted mask patents by 3B Medical, resulting in total victory for 3B in the ITC’s investigation,” the company stated. ResMed has already abandoned its appeal of the ITC’s ruling that ResMed’s patent on its CPAP humidifier was invalid, 3B Medical says.