An administrative law judge at the International Trade Commission (ITC) ruled Friday August 22 in a patent infringement case brought by ResMed against Chinese medical device manufacturer BMC Medical that each of nine BMC products named in the action infringes one or more ResMed patents.
As a result, ITC Judge Thomas Pender recommended that the ITC ban BMC and its US. distributor, 3B Medical, from importing or selling any of the infringing BMC products in the US.
Judge Pender also recommended a cease and desist order that would enjoin BMC and 3B from selling, advertising, marketing, storing or testing the infringing products in the United States.
ResMed is the innovation leader and pioneer in designing and manufacturing devices for the treatment of sleep-disordered breathing.
Judge Pender found that BMC’s InH2 humidifier, as well as original and redesigned versions of the following BMC masks infringe ResMed’s patents: iVolve nasal mask, iVolve N2 nasal mask, Willow nasal pillows mask, iVolve full face mask.
"The Judge’s decision is not just a victory for ResMed and the product innovation that is core to our brand, but it’s also a win for patients who deserve high quality, comfortable care," said David Pendarvis, ResMed chief administrative officer and global general counsel. "We will continue innovating and continue protecting our intellectual property anywhere we identify infringement."