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Tag: patent lawsuit


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ResMed wins in German court

October 23, 2018HME News Staff

SAN DIEGO - A trial court ruling from the Munich District Court says the headgear used on two CPAP masks from Fisher & Paykel Healthcare—the Simplus full-face and Eson nasal—infringes a ResMed patent in Germany. In a separate decision, the Opposition Division of the European Patent Office had already stated the patent asserted against F&P is valid, according to a press release from ResMed. F&P may appeal both decisions. Earlier this year, ResMed filed a new petition with the U.S. International...

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F&P files lawsuit in Australia

December 12, 2017HME News Staff

AUCKLAND, New Zealand - Fisher & Paykel Healthcare filed patent infringement proceedings against ResMed in the Federal Court of Australia on Dec. 12, alleging that some of ResMed's products, including its AirSense 10 and Lumis non-invasive ventilators, infringe on four of its patents, according to news reports. F&P seeks damages and injunctions that would prevent ResMed from manufacturing and selling these products in Australia. F&P and ResMed have patent proceedings pending in a number of countries....

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F&P wins patent case in UK

November 14, 2017HME News Staff

AUCKLAND, New Zealand - The English Patents Court has sided with Fisher & Paykel Healthcare, saying a ResMed patent for masks is invalid in the U.K. “While today's ruling is just one more step on the journey, it reinforces our confidence in our position, and we are satisfied with progress so far,” said Lewis Gradon, managing director and CEO, in a press release. In 2016, F&P sought a declaration from the High Court of Justice, Chancery Division, Patents Court in the U.K. that three...

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In brief: ITC delivers split ruling, Invacare names interim chairman

December 24, 2014HME News Staff

SAN DIEGO and BEIJING  - The International Trade Commission on Dec. 23 (ITC) delivered a split ruling to ResMed and BMC Medical/3B Medical, two sleep manufacturers that have been ensnared in a global patent lawsuit. The ITC ruled that several of BMC's masks infringe ResMed patents and entered an order prohibiting BMC from importing, advertising or selling these masks in the United States, according to a press release from ResMed. The masks are BMC Medical's iVolve nasal mask, iVolve N2 nasal...

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In brief: F2F audits must wait, ResMed resolves patent dispute

September 5, 2014HME News Staff

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...

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Vendors

ResMed, Apex Medical resolve patent disputes

September 5, 2014HME News Staff

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...

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Judge issues mixed initial ruling in patent lawsuit

August 29, 2014HME News Staff

SAN DIEGO and LAKE WALES, Fla. - An administrative law judge at the International Trade Commission (ITC) on Aug. 22 made an initial ruling on ResMed's claims that Chinese manufacturer BMC Medical and its U.S. distributor 3B Medical have infringed on a number of its patents.ResMed reports that Judge Thomas Pender found that BMC/3B's InH2 humidifier and four of its masks (iVolve nasal mask, iVolve N2 nasal mask, Willow nasal pillows mask, and iVolve full face mask) infringe ResMed patents.BMC/3B points...

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In brief: CMS sets two start dates, Numotion names new CEO

August 1, 2014HME News Staff

WASHINGTON - CMS will expand its PMD demonstration to 12 additional states on Oct. 1, the agency announced in a final rule published last week. CMS plans to require prior authorizations for PMDs in Pennsylvania, Ohio, Louisiana, Missouri, Washington, New Jersey, Maryland, Indiana, Kentucky, Georgia, Tennessee and Arizona—all of which have high expenditures and improper payments based on 2012 billing data, the agency states in the rule. CMS kicked off the PMD demo in California, Florida, Illinois,...

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BMC takes patent fight global

July 29, 2014HME News Staff

LAKE WALES, Fla. - BMC Medical and 3B Medical announced today that they have now filed challenges to ResMed patents in China, Germany and the United States. The move represents a “global strategy to go on (the) offense and seek to invalidate portions of ResMed's patent portfolio” in all three countries, the company stated in a release. “We have to be proactive on the global landscape to assert our right to compete in this product space,” stated James Xu, president of BMC Medical,...

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ResMed gets permanent injunction against Apex in Germany

July 29, 2014HME News Staff

SAN DIEGO - ResMed announced this week that it has won a permanent injunction in Germany against Taiwanese medical device manufacturer Apex Medical, prohibiting sales of infringing headgear used on Apex's Wizard 210 and 220 masks. The judgment, entered by the Regional District Court in Munich, can be appealed. The permanent injunction continues a preliminary injunction that was entered by the same court in November 2013. The judgment also requires Apex to forfeit its inventory of infringing products,...

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