California medical device maker ResMed (NYSE:RMD) is taking another swing at Chinese respiratory technology rival BMC Medical, getting the International Trade Commission’s cooperation in an investigation into potential patent infringement.
ResMed has challenged BMC before, suing the company and its Florida distributors, 3B Medical Inc. and 3B Product, for allegedly violating patents for respiratory and sleep-disordered breathing devices. ResMed hopes to land an ITC ruling that would prevent BMC’s infringing products from entering the U.S.
"We’re encouraged by the ITC’s action to investigate this case against BMC," ResMed global general counsel and chief administrative officer David Pendarvis said in prepared remarks. "We invest over $100 million in research and development each year to fuel these advances and other companies should not be allowed to infringe ResMed’s intellectual property by using our technology."
ResMed recently pursued similar action against another foreign rival, Taiwanese Apex Medical, which ResMed claims sells 6 products that violate patents. A Resmed-commissioned ITC investigation ended last month with a question mark, with both companies calling the ruling a win for their respective teams.
The ITC ordered a consent decree banning Apex from importing into the U.S. products that infringe on ResMed’s patents, but didn’t name any specific devices. Apex accepted the decree with no admission of wrongdoing or patent infringement, vowing that it would go about business as usual in the wake of the investigation.
Apex responded this week by announced that it would pursue an investigation of its own, asking the U.S. Patent & Trademark Office to examine 6 ResMed patents on the grounds that it has "substantial invalidity evidence" with which to dispute ResMed’s claims.