The U.S. Patent and Trademark Office has already ruled that patent claims from a ResMed patent asserted against BMC and 3B in a new ITC case are valid
San Diego, – April 14, 2016 – ResMed, the world’s leading tech-driven medical device company and innovator in sleep-disordered breathing and respiratory care, announced today it has filed a new legal action in the United States International Trade Commission (ITC), seeking to stop the infringement of its patented technology by Chinese medical device manufacturer BMC Medical Co., Ltd. and its U.S. distributor, 3B Products.
ResMed alleges that both of BMC’s flow generator products – the RESmart and the Luna – infringe two claims of ResMed’s U.S. Patent No. RE44,453 relating to a design for a flow generator and humidifier that reduces the risk that water in the humidifier will spill back into the flow generator when tipped. The United States Patent and Trademark Office has already rejected challenges by BMC and 3B to the asserted ResMed claims from that patent and affirmed that they are valid. That decision is final.
ResMed is also asserting three additional patents against BMC’s Luna and ReSmart flow generators in the new ITC case. Based on the alleged infringement of its patents, ResMed is asking the International Trade Commission to stop BMC and 3B from importing and selling their flow generators in the United States. ResMed has also filed a lawsuit in federal court in San Diego seeking damages.
“ResMed built its market leadership by investing in superior technology for sleep-disordered breathing therapy,” said ResMed global general counsel and chief administrative officer David Pendarvis. “The proprietary technology in our flow generators and humidifiers makes them comfortable and user-friendly, and patients should be sure to get ResMed’s high-quality complete solutions to enjoy the health benefits of successful CPAP treatment. We will continue to defend our proprietary technology by enforcing our patents against those who unfairly copy our products.”
The global team at ResMed is united in the commitment to change millions of lives with every breath. With more than 4,000 employees and a presence in more than 100 countries, the company has pioneered innovative devices for the diagnosis, treatment and management of sleep-disordered breathing, COPD and other chronic conditions for more than 25 years. ResMed's world-leading products and connected healthcare solutions improve the quality of life for millions of patients worldwide, reduce the impact of chronic disease, and save healthcare costs. For more information about ResMed and its businesses, visit www.ResMed.com or follow @resmed on Twitter and Facebook.
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