The confidential settlement resolves all patent disputes worldwide between the companies, according to a press release.
ResMed sued Apex last year, accusing the Taiwanese company of infringement in both a U.S. federal court and before the International Trade Commission. In July, a German court granted a permanent injunction against Apex’s sleep masks; last month the ITC ruled that Apex bears the burden of proof in demonstrating that its products don’t violate ResMed’s patents.
The settlement deal gives Apex the global right to sell and import its Wizard masks and XT and iCH flow generators in return for dismissing all validity challenges to ResMed patents, according to the release. The companies also agreed to ask for the dismissal of all pending patent infringement lawsuits, they said.
"As the premier innovator in the sleep-disordered breathing market, it’s critical that we defend our innovations," ResMed chief administrative officer and general counsel David Pendarvis said in prepared remarks. "We welcome healthy, fair competition in this growing market. This agreement with Apex is a good result that meets our goals and allows ResMed to continue to focus on improving lives for millions of people."
"As 1 of the leading innovators in respiratory therapy and pressure area care sectors, Apex believes in healthy, fair competition in the marketplace. Those in need of respiratory therapy benefit when efforts are directed towards innovations to improve quality of life," added Apex vice president of sales P.J. Hsueh. "We view today’s global resolution of disputes as a victory for people suffering from sleep apnea."
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