ResMed infringement claim against Apex Medical ends with a question mark

July 22, 2013 by Arezu Sarvestani

California respiratory device maker ResMed wins an International Trade Commission consent decree banning Taiwanese Apex Medical from importing products that infringe on ResMed's patents, but there's some room for interpretation in what that means in practice.

legal gavel

San Diego sleep and respiratory medical devices maker ResMed (NYSE:RMD) notched a win, of sorts, against Taiwan's Apex Medical after the International Trade Commission ordered a consent decree banning Apex from importing into the U.S. products that infringe on ResMed's patents.

The decree didn't name any specific devices and Apex admitted no infringement in accepting the decree, so it's unclear what type of effect, if any, the order will have on Apex's distribution for the time being.

In separate releases the companies appeared to each tally the win in their respective corners, with ResMed calling its efforts a success and Apex foreseeing no changes to its U.S. operations.

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In a press release titled "ResMed Succeeds in Patent Fight Against Apex," the company's global general counsel called the outcome of the ITC investigation a "testament to the strength of ResMed's intellectual property."