- Complaint names BMC and its U.S. distributor, 3B Medical, as allegedly infringing four ResMed patents
- Products accused are the RESmart and Luna, BMC’s first and second generation flow generators
- Patents protect ResMed’s proprietary flow generators and ventilators
SAN DIEGO, May 13, 2016 – ResMed (NYSE:RMD) the world’s leading tech-driven medical device company and innovator in sleep-disordered breathing and respiratory care, announced today that the United States International Trade Commission (ITC) has accepted its request to investigate alleged infringement of its patented technology by Chinese medical device manufacturer BMC Medical Co., Ltd. and its U.S. distributor, 3B Medical.
The ITC has agreed to review the alleged infringement of four ResMed patents by BMC’s first and second generation flow generator products, the RESmart and the Luna. The ResMed patents cover ResMed’s innovative flow generators and ventilators, including:
- U.S. Patent No. RE44,453, relating to a flow generator and humidifier structured to reduce the risk of backflow of water from the humidifier into the flow generator when tipped, and
- U.S. Patent Nos. 8,006,691, 8,020,551 and 9,072,860, each relating to a novel design for a flow generator and humidifier to improve performance and ease of use.
The U.S. ITC Notice of Institution of Investigation can be found here: http://1.usa.gov/1VV2GxO
Based on a previous challenge from BMC, the United States Patent and Trademark Office rendered a final decision in January 2016 upholding the validity of the asserted claims from ResMed’s 453 patent; BMC did not appeal that ruling.
ResMed is asking the ITC to stop BMC and 3B from importing and selling flow generators in the United States based on the alleged infringement of its patents. ResMed has also filed a lawsuit in federal court in San Diego seeking damages.
“ResMed has developed leading edge solutions for the treatment of sleep apnea and and other respiratory conditions,” said ResMed’s global general counsel and chief administrative officer David Pendarvis. “ResMed’s proprietary innovations provide key benefits to patients, including increased comfort and usability, that help with successful CPAP therapy. We are appreciative of the ITC’s decision to investigate the alleged infringement. We will continue to defend our proprietary technology that underscores the high-quality solutions we provide to patients in the United States and around the world.”
ResMed (NYSE:RMD) changes lives with award-winning medical devices and cutting-edge cloud-based software applications that better diagnose, treat and manage sleep apnea, chronic obstructive pulmonary disease (COPD) and other chronic diseases. ResMed is a global leader in connected care, with more than 1 million patients remotely monitored every day. Our 5,000-strong team is committed to creating the world’s best tech-driven medical device company – improving quality of life, reducing the impact of chronic disease, and saving healthcare costs in more than 100 countries. Find more about ResMed at ResMed.com, Facebook, Twitter and LinkedIn.
Senior Director, Investor Relations
Director, Global Corporate Communications