ResMed claims victory in patent fight

Friday, July 19, 2013

SAN DIEGO – ResMed announced July 18 that an investigation by the U.S. government has resulted in a recommendation that the International Trade Commission (ITC) stop Taiwanese manufacturer APEX Medical from importing and selling infringing products. In a March filing, ResMed argued patent infringement by two APEX masks (WiZARD 210 and WiZARD 220) and two APEX flow generators (iCH and XT Fit). The ITC case against APEX also named Medical Depot, doing business as Drive Medical. The ITC previously entered a consent decree against Drive, ordering it to stop importing and selling the Freedom 210 and Freedom 220 masks made by Apex, which are identical to the WiZARD masks. “We appreciate but are not surprised by the swift conclusion of this case against both APEX and Drive,” stated David Pendarvis, global general counsel and chief administrative officer for ResMed. “We will continue to defend our patents and innovations against any future threats.” ResMed has also filed a lawsuit against 3B Medical/BMC Medical for alleged patent infringement. ResMed claims 3B Medical infringed on three patents involving the elbow swivel of a nasal pillow mask and the water flow-back valve of a humidifier.