As promised, Apex Medical Corp. appealed an injunction ordered by a German court that kicked its sleep apnea devices out of the country over patent violations.
Arch-rival ResMed (NYSE:RMD) won a ruling last month that banned certain Apex devices from the German market, but Apex vowed to rise again. The company appealed the decision in the Regional Court of Munich in Germany and challenged the validity of the Apex’s allegedly infringed patents.
The court last month banned Apex’s Wizard 210 and 220 masks out of Germany, ordering the company to forfeit its existing inventory and tally all sales to pay damages to ResMed.
"Apex notes that the judgment is limited to headgears of specific masks distributed in Germany and does not cover masks or any other respiratory therapy products," the company said. "Also, Apex’s new headgear design is ready to be offered to the customers. The Regional Court’s judgment therefore has limited effect on Apex’s global operation."
The companies have been at war for years over sleep masks and respiratory patents. ResMed also has claims underway against Apex’s iCH and XT Fit CPAP devices, and those complaints are slated to go to trial later this year.
Apex counted its own win last month when the U.S. International Trade Commission issued a final advisory opinion that the XT CPAP water tank and Wizard 220 masks are free from patent infringement claims. Apex said that it plans to launch the iCH water tank on the U.S. market in October.
The U.S. Patent & Trademark Office is also reviewing 5 of ResMed’s patents for validity, including patents related to the iCH water tank, and Apex expects a ruling early in 2015.