Judge protects ResMed patent

Thursday, June 5, 2014

SAN DIEGO – An International Trade Commission (ITC) judge has ruled that Taiwanese manufacturer Apex infringes a ResMed patent protecting an integrated humidifier used in its CPAP devices.

Per the June 4 ruling, Apex can no longer import or sell its XT and iCH CPAP devices with these humidifiers in the U.S.

“This ITC victory is validation that our customers should not accept imitations,” stated David Pendarvis, chief administrative officer and global general counsel at ResMed, in a press release.

ResMed will ask the ITC to also impose a fine on Apex for any XT and iCH CPAP devices with integrated humidifiers that it has sold in the U.S. to date.

The patent fight between ResMed and Apex began in March 2013, when ResMed asserted to the ITC that the XT and iCH CPAP devices infringed on patents. Apex in August agreed to an order prohibiting it from importing and selling the products in the U.S.

Apex then redesigned the products and sought a ruling that its new CPAP devices avoided infringing the patents.

In the June 4 ruling, the judge held that Apex continues to infringe the patents and stood by the July 2013 order prohibiting the manufacturer from importing and selling those products in the U.S.

The judge also ruled, however, that Apex’s redesigned WiZard 220 mask does not infringe on patents. ResMed plans to appeal that decision.