Moving the HME Industry Forward

Respiratory/Sleep

ResMed Fights Back on Patent Infringement

August 5, 2013

SAN DIEGO – Southern California-based ResMed, a manufacturer of products for the treatment of sleep-disordered breathing and respiratory conditions, has filed a new legal action in the International Trade Commission (ITC). The amended complaint in U.S. federal court aims to stop infringement of ResMed patents.

ResMed filed the action against Chinese medical device manufacturer BMC Medical Co Ltd. (BMC) and its U.S. sales subsidiary, 3B Products LLC, (3B) asserting patent infringement by:
• the RESmart CPAP and RESmart Auto CPAP devices; and
• the Willow nasal pillows patient interface and the iVolve nasal mask.

ResMed is asking the ITC to stop the importation and sales of these products in the United States. ResMed has also amended a pending action in the U.S. federal court to assert additional patents that BMC and 3B are infringing. ResMed is specifically asking the court to stop the infringement and to award damages against BMC and 3B.

“ResMed built its market leadership by investing in superior technology for sleep-disordered breathing therapy,” said David Pendarvis, global general counsel and chief administrative officer for ResMed. “The proprietary technology in our masks and flow generators makes them comfortable and user-friendly, and our data management and reporting tools create a faster, smoother path to patient engagement. We will continue to defend our proprietary technology by enforcing our patents against those who unfairly copy our products.”