Patent case nears trial

Wednesday, April 2, 2014

SAN DIEGO – Just ahead of a trial, ResMed has dropped one of its patent infringement claims against BMC Medical/3B Medical, according to BMC/3B Medical.

ResMed voluntarily withdrew the patent from investigation after an International Trade Commission (ITC) administrative law judge issued a ruling that restricted the scope of its claims, according to a release.

ResMed in May 2013 filed a lawsuit against BMC and announced several months later that the ITC had agreed to investigate theChinese medical device manufacturer and its U.S.-based distributors, 3B Medical and 3B Products, for patent infringement.

A trial is scheduled for April 10.

ResMed filed a similar suit against Taiwanese manufacturer Apex Medical in 2013. The U.S. patent and trademark office in February agreed to re-examine five ResMed patents in response to challenges filed by Apex.