Judge Thomas Pender ruled that 9 of BMC’s products each violated at least 1 of ResMed’s patents, but added that certain of ResMed’s patents were invalid, ITC documents show.
ResMed touted the victory as Judge Pender recommended that the ITC ban BMC and distributor 3B Medical from importing or selling any infringing products. BMC lauded the invalidation of certain patents for ResMed’s masks and CPAP humidifiers, vowing to strike down more of ResMed’s patents.
Whether the ITC upholds ResMed’s patents or not, BMC is ready with a solution, the company said.
“3B/BMC is prepared for either outcome at the Commission. Engineers have redesigned products to avoid the patents. 3B/BMC will immediately move the redesigns into production to insure that there are no commercial disruptions to supply and to continue to bring unparalleled value to the sleep therapy product space."
The companies have been at it for more than a year after ResMed in June 2013 filed a lawsuit against Chinese medical device manufacturer BMC and its U.S. sales counterpart 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 just took a major hit when the ITC ruled that the company must prove that its products don’t infringe on ResMed’s patents.