An International Trade Commission judge has ruled that Taiwanese device manufacturer APEX infringed a ResMed Corp. (San Diego, Calif.) patent protecting an integrated humidifier used in flow generator devices.
The ITC ruling states that APEX XT and iCH flow generators with infringing humidifiers cannot be imported or sold in the United States. Sleep device maker ResMed announced it will also ask the ITC to impose a fine on APEX for any infringing products it has already sold in the United States.
ResMed filed the original ITC action in March 2013, asserting patent infringement by APEX iCH and XT Fit CPAP devices. On Aug. 8, 2013, APEX agreed to entry of an order prohibiting it from importing and selling infringing products in the United States. APEX then redesigned its products and sought a ruling that its redesigned CPAP devices had avoided ResMed’s patents.
However, the ITC judge disagreed in the recent ruling, holding that APEX continues to infringe and that the July 2013 order prohibits APEX from importing and selling those redesigned products in the United States.
“There are hundreds of innovations that go into each ResMed therapy product, which is what elevates ResMed’s product quality and therapy comfort from the rest of the pack,” said David Pendarvis, ResMed chief administrative officer and global general counsel. “This ITC victory is validation that our customers should not accept imitations. We are confident that the Commission will agree with the judge’s decision and will continue to enforce our intellectual property against those who infringe it.”
In a companion ruling, the judge found that APEX’s redesigned WiZard 220 mask, which APEX redesigned based on the original ITC ruling, does not infringe. ResMed stated it would appeal that decision to the Commission.