Regulatory News

ITC Issues Final Decision in ResMed Versus 3B/BMC Case

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The International Trade Commission (ITC) issued its final decision in the case brought by ResMed against BMC Medical Co Ltd/3B Medical in a notice issued December 23. The decision rules in favor of BMC regarding a CPAP humidifier, and in favor of ResMed regarding four CPAP masks.

The ITC found that ResMed’s patent on its humidifier was invalid, ruling in favor of 3B/BMC. This means 3B/BMC’s CPAP, auto-CPAP, and bi-level PAP devices are not infringing on ResMed’s patents. BMC president, James Xu, called the decision a “monumental win,” in a release. “We are very excited with the ITC’s decision in this case. This victory for us supports the position that we have taken since the very beginning on the key patents in the case. ResMed chose a very expensive high-profile battle, when this dispute could have easily been resolved with direct discussions between the parties.”

In a release, ResMed indicated it will appeal the ITC’s order on that patent and is considering further actions.

The ITC also rules that four BMC masks—iVolve nasal mask, iVolve N2 nasal mask, Willow nasal pillows mask, and iVolve full face mask—infringe ResMed’s patents, and entered an order prohibiting BMC from importing, advertising, or selling these masks in the United States. “Changing lives with every breath is the foundation of ResMed’s business. That focus drives our patient-centric approach to research and development. It’s why our products are the highest quality and the most comfortable, and it’s why we vigorously protect our patent portfolio,” said David Pendarvis, ResMed chief administrative officer and global general counsel. “We are pleased the court has validated ResMed’s intellectual property rights protecting those valuable innovations for the benefit of patients.”

BMC says the disputed masks account for far less than 10% of BMC’s US sales, adding that it discontinued the four masks earlier this year and released redesigned to the US market.

The ITC’s decision is the latest in an 18-month battle that spawned litigation not only in the United States, but also in Germany and China.

The ITC’s full opinion is confidential but a redacted public version will follow in about a week.