International Trade Commission to Investigate Chinese Manufacturer BMC Medical’s Infringement of ResMed Patents
- 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
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