ResMed Inc (Booth #1317 at Medtrade) and APEX Medical Corp (Booth #2148 at Medtrade) have agreed to a confidential settlement resolving their outstanding patent disputes. Under the agreement, APEX has the right to sell and globally import its Wizard masks, as well as its XT and iCH flow generators. APEX agreed to dismiss all validity challenges to ResMed patents, and ResMed agreed to dismiss pending litigation. Additional details of the settlement are confidential.
In accordance with the settlement, ResMed is requesting termination of its lawsuits against APEX’s products. Similarly, APEX has requested dismissal of its challenges to ResMed patents pending in the United States, Europe, Germany, Japan, and China. The settlement brings to a conclusion a worldwide legal conflict that began in March 2013, when ResMed filed a patent infringement suit against APEX with the U.S. International Trade Commission and in federal court in Los Angeles.
“As the premier innovator in the sleep-disordered breathing market, it’s critical that we defend our innovations,” said David Pendarvis, ResMed chief administrative officer and global general counsel. “We welcome healthy, fair competition in this growing market. This agreement with APEX is a good result that meets our goals and allows ResMed to continue to focus on improving lives for millions of people.”
“As one of the leading innovators in respiratory therapy and pressure area care sectors, APEX believes in healthy, fair competition in the market place. Those in need of respiratory therapy benefit when efforts are directed towards innovations to improve quality of life,” said PJ Hsueh, APEX’s vice president of Sales. “We view today’s global resolution of disputes as a victory for people suffering from sleep apnea.”