Tag: Apex Medical

WASHINGTON - CMS has instructed its contractors not to retrospectively audit providers for compliance with the face-to-face requirement. The news comes via an Aug. 20 letter sent by CMS Administrator Marilyn Tavenner to Rep. David Roe, R-Tenn., who inquired about audit activities related to the requirement after meeting with members of ATHOMES. “The delay in enforcement on the face-to-face encounter requirements applies to reviews conducted by the DME MACs, Recovery Auditors, the Zone Integrity...

SAN DIEGO and TAIPEI, Taiwan - ResMed and Apex Medical have agreed to a confidential settlement that resolves their outstanding patent disputes.Per the agreement, Apex has the right to sell and import globally its Wizard masks, and its XT and iCH glow generators. It has agreed to dismiss all validity challenges to ResMed patents pending in the United States, Europe, Germany, Japan and China.ResMed has agreed to dismiss pending litigation against Apex's products.The two companies didn't provide any...

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,...

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...

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...

SAN DIEGO - The U.S. Patent and Trademark Office has agreed to re-examine five ResMed patents in response to challenges filed by Apex Medical, the manufacturer has announced. Apex had filed challenges against ResMed in August 2013 for six patents related to CPAP machines and masks. It's the latest move in an ongoing patent battle between ResMed and Apex. On Feb. 19, Apex filed challenges to four patents in European and German patent offices. In November, ResMed won preliminary injunctions in Germany...

SAN DIEGO - ResMed has won preliminary injunctions in Germany against two medical device manufacturers for alleged patent infringements.The initial orders prohibit Apex Medical, a Taiwanese manufacturer, and BMC Medical, a Chinese manufacturer, from selling or marketing certain products in Germany without a court order, according to a press release.ResMed has also filed lawsuits in Germany that seek damages and permanent injunctions for certain products."We will continue to defend our investment...

SAN DIEGO - ResMed has announced that the International Trade Commission (ITC) has agreed to investigate BMC Medical, a Chinese medical device manufacturer, and its U.S.-based distributors, 3B Medical and 3B Products, for patent infringement.ResMed requested the investigation. It also filed a lawsuit against BMC in federal court in May."We're encouraged by the ITC's action to investigate this case against BMC," stated ResMed Global General Counsel and Chief Administrative Officer David Pendarvis....

STOCKHOLM, Sweden - Permobil, a manufacturer of high-end power wheelchairs, has been acquired by Investor AB, a Swedish investment firm. Private equity firm Nordic Capital agreed to sell Permobil for $842.3 million. Under Nordic's wing, the company's sales have nearly doubled, according to reports. Last year, Permobil, which operates in 30 countries, generated revenue of about $246.3 million. The company's annual sales growth over the past decade has averaged 8%, according to reports. Investor...

PORT WASHINGTON, N.Y. - In light of a lawsuit filed by ResMed, Drive Medical has suspended the sale and marketing of several of its CPAP masks, the company has announced. In March, ResMed filed parallel legal actions in the International Trade Commission (ITC) and U.S. federal court, alleging that its patents are being infringed by Apex Medical and its U.S. distributor, Medical Depot, doing business as Drive Medical. Drive Medical will offer substitute products to its customer base while it...