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ResMed infringement claim against Apex Medical ends with a question mark

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legal gavel

San Diego sleep and respiratory medical devices maker ResMed (NYSE:RMD) notched a win, of sorts, against Taiwan’s Apex Medical after the International Trade Commission ordered a consent decree banning Apex from importing into the U.S. products that infringe on ResMed’s patents.

The decree didn’t name any specific devices and Apex admitted no infringement in accepting the decree, so it’s unclear what type of effect, if any, the order will have on Apex’s distribution for the time being.

In separate releases the companies appeared to each tally the win in their respective corners, with ResMed calling its efforts a success and Apex foreseeing no changes to its U.S. operations.

In a press release titled "ResMed Succeeds in Patent Fight Against Apex," the company’s global general counsel called the outcome of the ITC investigation a "testament to the strength of ResMed’s intellectual property."

ResMed named 2 specific Apex masks and 2 flow generators as infringing ResMed’s patents, and claimed in its subtitle that "Apex Infringing Devices and Masks to be Removed from Sale in U.S.," but Apex’s separate statement suggests a different outcome.

"Apex does not admit that its products infringe upon ResMed’s asserted patents," according to the company. "Apex’s lawful operation in the United States is completely undisturbed."

ResMed in March 2013 filed its complaint against Apex, filing a parallel claim in U.S. federal courts, alleging that a handful of Apex’s products violate patents for respiratory devices and masks. ResMed also named Apex U.S. distributor Medical Depot among the violators.

The U.S. lawsuit, filed in a California federal court, was stayed pending the outcome of the ITC investigation.

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