MUNICH, Germany and SAN DIEGO, Calif. – Feb. 12, 2015 – ResMed (NYSE:RMD) today announced that the Munich District Court upheld its injunction against Chinese medical device manufacturer BMC Medical Co., Ltd. (BMC). The injunction prohibits BMC from offering, selling or distributing infringing mask products in Germany.
The Munich Court’s preliminary injunction decision, first rendered in November 2013, and continued in place today, found that respiratory mask assemblies such as BMC’s Willow and FeaLite nasal pillow masks infringe ResMed’s European patent EP 1356842.
As a result, BMC will not be permitted to offer, sell or distribute the infringing products in Germany at least until the German Federal Patent Court eventually addresses BMC’s challenges to the validity of the patent.
The German decision follows a similar ruling made in December 2014 by the International Trade Commission (ITC) in the United States, which found several BMC masks infringe a number of ResMed’s U.S. patents.
“The judge’s decision is another victory for ResMed and patients everywhere who deserve high-quality, comfortable products to treat their sleep and respiratory conditions,” said David Pendarvis, ResMed chief administrative officer and global general counsel. “We will continue to defend our innovations and pursue all legal remedies to prevent infringement in any country where it may exist.”
ResMed changes lives by developing, manufacturing and distributing medical equipment for treating, diagnosing, and managing sleep-disordered breathing, chronic obstructive pulmonary disease, and other chronic diseases. We develop innovative products and solutions to improve the health and quality of life of those who suffer from these conditions, and we work to raise awareness of the potentially serious health consequences of untreated sleep-disordered breathing. For more information on ResMed, visit www.resmed.com.