San Diego medical devices maker ResMed (NYSE:RMD) announced this week that it’s going to "take action" to protect its respiratory patents, most recently by filing an infringement lawsuit against APEX Medical.
ResMed filed parallel actions with the the International Trade Commission and in U.S federal courts, alleging that a handful of APEX’s products violate patents for respiratory devices and masks.
The news comes just weeks after ResMed changed hands from founder and former CEO Dr. Peter Farrell to his son Michael "Mick" Farrell, a transition that took effect at the start of March.
"For more than two decades, ResMed has generated significant advances in innovative products for sleep-disordered breathing therapy," global general counsel and chief administrative officer David Pendarvis said in prepared remarks. "We invest over a hundred million dollars in research and development each year to fuel these advances and other companies should not be allowed to infringe ResMed’s intellectual property by using our technology."
ResMed specifically named 6 models among 3 of APEX’s products as alleged violations: "The APEX WiZARD 210 and WiZARD 220 masks, the identical Freedom 210 and Freedom 220 masks made by APEX and sold by Medical Depot, the APEX iCH and XT Fit flow generators."
The California device maker is taking on APEX and its U.S. distributor, Medical Depot, according to a press release.
"ResMed is asking the ITC to stop the importation and sales of these products in the United States, and it is asking the U.S. federal court to stop the infringement and award damages against the defendants," according to the company.