A long-standing patent infringement battle continues as embattled sleep therapy devices makers BMC Medical and Apex Medical vowed this week to continue to fight infringement accusations from ResMed (NYSE:RMD).
Apex and BMC issued separate statements reaffirming their intent to defend sleep therapy products that ResMed claims infringe on several of its patents. Both Apex and BMC were hit last month by preliminary injunctions filed by a German judge.
BMC challenged the injunctions, saying that they are not the result of any definitive court ruling on the infringement allegations.
"The preliminary injunctions are issued as a result of ex parte proceedings, which means that the court did not hear, and could not take into account of, BMC’s side of the story," according to a BMC statement. "Until now, no court hearing has been conducted."
China-based BMC vowed to defend its products against the preliminary injunctions, which affect its RESmart CPAP devices and Willow/FeaLite nasal pillows.
"With regard to the recent lawsuit that was served by ResMed at the Medica Trade Fair in Dusseldorf, Apex will vigorously and robustly fight and defend all of its global commercial activities," according to an Apex company statement. "Customers and shareholders of Apex can rest assured that the current day-to-day activities continue to functionally operate and that this lawsuit will not impede Apex’s commitment to the corporation’s long-term strategy."
Apex in August filed challenges to 6 of the 7 patents that ResMed is using in the dispute, and the company noted today that it’s launching a new range of sleep apnea products based on its technologies on which Apex has filed for patents of its own.
ResMed has waged a global war against Apex and BMC, launching patent infringement lawsuits in the U.S. and Germany and filing complaints with the International Trade Commission. In August, the ITC agreed at ResMed’s request to initiate a probe into BMC’s alleged infringement in the U.S. A ResMed-commissioned ITC investigation of Apex ended with a question mark, with each company claiming the ruling as a win.
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