Arch-rivals ResMed (NYSE:RMD) and Apex Medical each tallied wins this month in the long-running battle over sleep-based respiratory technologies, but ResMed took the lead with a German court decision to permanently bar certain Apex products.
The Regional District Court in Munich issued permanent injunction prohibiting Apex from selling products that include headgear that the court deemed in violation of ResMed’s patents. The ruling applies to the Apex Wizard 210 and 220 masks, and requires that Apex forfeit its inventory, tally all sales and pay damages to ResMed.
The permanent injunction, which is open to appeal, solidifies the preliminary injunction committed late last year. That injunction included both Taiwan-based Apex and China’s BMC Medical Co.
ResMed touted the win but isn’t stopping there. The company also has claims underway against Apex’s iCH and XT Fit CPAP devices, and those complaints are slated to go to trial later this year.
Apex counted its own win this month when the U.S. International Trade Commission issued a final advisory opinion that the XT CPAP water tank and Wizard 220 masks are free from patent infringement claims. Apex said that it plans to launch the iCH water tank on the U.S. market in October.
The U.S. Patent & Trademark Office is also reviewing 5 of ResMed’s patents for validity, including patents related to the iCH water tank, and Apex expects a ruling early in 2015, the company said.