The 1st District Court of Munich ruled that there is a "high possibility, that the patent in suit is not valid" in the dispute over a constant positive airway pressure device with a detachable water tank, BMC claimed.
BMC said the court also rescinded a preliminary injunction issued last year and stayed a parallel infringement proceeding until the patent’s validity is established. A separate ResMed patent has expired, BMC said.
BMC president James Xu said the company plans to have the affected devices back on the German market soon.
“We will continue to proceed with the ongoing legal proceedings, especially the invalidity actions against ResMed’s patent, while monitoring competitors’ patent portfolio. Our proactive approach has proved to be successful," Xu said in prepared remarks.
A spokeswoman for ResMed said the company does not comment on pending litigation.
Last 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 in August when the ITC ruled that the company must prove that its products don’t infringe on ResMed’s patents.
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