ResMed Injunctions Against APEX and BMC in Germany
ResMed Injunctions Against APEX and BMC in Germany
Healthcare professionals > News and information > News releases > 2013 > ResMed Injunctions Against APEX and BMC in Germany

ResMed Receives Injunctions against APEX and BMC in Germany, Continues Enforcement of Patents in Europe

Actions Filed in Germany to Stop Patent Infringement on Devices and Masks

DUSSELDORF, Germany, Nov. 20, 2013 -- ResMed (NYSE: RMD), an innovator and pioneer in developing products for the treatment of sleep-disordered breathing and respiratory conditions, has won preliminary injunctions in Germany against several patent infringing activities by Taiwanese medical device manufacturer APEX Medical Corp. (APEX) and Chinese medical device manufacturer BMC Medical Co., Ltd. (BMC).  The initial orders, entered by the Munich District Court, prohibit APEX and BMC from selling or marketing certain products in Germany without a further court order.  Those products are:

·    The APEX WiZARD 210 and WiZARD 220 mask headgear

·     BMC's  RESmart CPAP devices

·     BMC's Willow/FeaLite nasal pillows patient interface

ResMed has also filed patent infringement lawsuits in Munich, Germany, seeking damages and permanent injunctions to stop infringement of ResMed patents by the products listed above, as well as the additional products below: 

·     The APEX iCH and XT Fit CPAP devices

·     The APEX WiZARD 210 and WiZARD 220 masks

Earlier this year, ResMed pursued similar legal actions against APEX and BMC in the United States with the International Trade Commission (ITC). The U.S. government investigation started at ResMed's request against APEX resulted in an ITC consent decree against APEX stopping the importation and sale of infringing APEX products. Proceedings against BMC are ongoing.

"ResMed has a global business built on its investment in research and development, resulting in products that excel in performance, quality and comfort," said David Pendarvis, ResMed global general counsel and chief administrative officer. "We will continue to defend our investment in intellectual property and pursue all legal remedies to prevent infringement in any country where that infringement exists."