BMC Medical said Tuesday that it won a European litigation against ResMed (NYSE:RMD) over an infringed patent for a continuous positive airway pressure respiratory system machine with a detachable water tank.
The dispute is part of a long-standing conflict over sleep apnea devices between the 2 companies.
The 1st District Court of Munich lifted a preliminary injunction against BMC’s CPAP machine during the hearing and issued a judgement in favor of BMC Medical, the Beijing, China-based company said.
The court also ruled to suspend parallel patent infringement proceedings until a decision is made in the invalidation proceedings, BMC Medical said.
ResMed general counsel David Pendarvis told MassDevice.com in an email that a final decision on BMC’s infringement on ResMed’s flow generator patents “will not be made until later this year when the German court addresses the validity of the ResMed patent asserted in the case.”
“The decision made by the German court that is the subject of the BMC press release issued on Tuesday, June 23 is an interim decision on a single issue involving a single patent asserted against the sale of BMC flow generators in Germany,” Pendarvis said.
In December last year, BMC claimed a win in a related proceeding in Germany. In August, ResMed and BMC each declared victory after the International Trade Commission issued a mixed decision, ruling that 9 of BMC’s products each violated at least 1 of ResMed’s patents and that certain of ResMed’s patents were invalid.
ResMed in June 2013 filed a lawsuit against BMC and 3B for alleged infringement of patents pertaining to CPAP devices, a nasal mask and a nasal pillow interface.
ResMed is also entrenched in a long-running battle with another rival, APEX Medical, which took a hit last August when the ITC ruled that the company must prove that its products don’t infringe on ResMed’s patents.
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