ITC delivers mixed ruling for ResMed, Apex

Tuesday, July 22, 2014

SAN DIEGO and BREA, Calif. – An International Trade Commission (ITC) ruled July 18 that the humidifier in Apex Medical’s iCH CPAP device infringes on ResMed patents, according to a press release from ResMed.

Apex Medical had argued that it had redesigned the humidifier so that it no longer infringed on ResMed patents, the release states.

“As a result, Apex should continue to be banned from selling the iCH humidifier in the United States,” ResMed states in the release.

In its own press release, Apex Medical states it plans to introduce an upgraded iCH water tank in October.

Apex Medical notes that the ITC found its newly designed XT series CPAP water tank free from patient claims asserted by ResMed.

“Significantly, the ITC overruled the ALJ's negative finding regarding the newly designed XT series water tank,” Apex Medical stated in the release.

The ITC also upheld a previous decision that Apex Medical’s Wizard 220 masks are free from patent claims.

Apex Medical chose to withdraw its redesigned Wizard 210 nasal mask from the proceedings, according to the release from ResMed.

The U.S. Patent and Trademark Office is also reviewing the validity of five patents from ResMed, including a claim related to the iCH water tank, through a procedure called inter partes review. The USPTO is expected to make a decision in early 2015.