The International Trade Commission may have issued its final decision in the respiratory patent battle between Apex Medical and ResMed (NYSE:RMD), but the companies aren’t going to leave it there.
Apex today announced that it’s "fighting back" against ResMed’s patent infringement allegations by filing some paperwork of its own, challenging 6 of the 7 patents that were involved in the ITC investigation. Apex said it filed its challenge with the U.S. Patent & Trademark Office on the grounds that it has "substantial invalidity evidence" with wich to dispute ResMed’s patents.
The rival respiratory device companies have been locked in battle for a few months now, with ResMed firing its 1st shots just weeks after the company changed hands from founder and former CEO Dr. Peter Farrell to his son Michael "Mick" Farrell, a transition that took effect at the start of March 2013.
ResMed claimed that 6 of Apex’s products violated patents, asking the ITC to ban import of those products into the U.S. and asking a federal court to stop the infringement and award ResMed damages. The 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.
In a statement issued today, Apex vowed to challenge ResMed’s patents, simultaneously announcing the launch of new products related to the treatment of obstructive sleep apnea. Apex said its CPAP machines are "more innovative in terms of the clinical effectiveness, user friendliness, and design."
"The new iCH and masks are scheduled to be offered to the market in September following submission of expert analysis to the ITC," Apex president Daniel Lee said in prepared remarks.
