Apex vows to continue legal battle

Friday, June 6, 2014

BREA, Calif. – Apex Medical will appeal an International Trade Commission (ITC) judge’s ruling that the water chambers in the humidifiers of its XT and iCH CPAP devices infringe on a ResMed patent, the company announced today.

“We believe that this litigation has always been about something much more important to Apexthan the design of a water chamber,” stated President PJ Hsueh. “Apex offers an affordable yet high quality alternative to the market. Some larger corporations may attempt to eliminate good quality, legitimate competition wherever possible. We, however, believe that a market is only a healthy one when there is free and fair competition.”

While the ITC didn’t rule in Apex’s favor on the water chambers, it did rule that the company’s Wizard 220 CPAP mask doesn’t infringe on a ResMed patent.

Apex also notes that it has requested an Inter Partes Review (IPR) of the water chamber patent and four other patents, and that the U.S. Patent and Trademark Office has begun examining the validity of these patents.