In a patent clash that has lasted 18 months, the International Trade Commission (ITC) has made a split decision in the case between sleep therapy equipment makers ResMed and 3B/BMC Medical Co. Ltd. Specifically, the ITC ruled that certain 3b/BMC masks infringed on ResMed patents, while it sustained a BMC challenge on a ResMed humidifier patent.
Where the masks were concerned, the ITC issued an order prohibiting 3B/BMC from importing, advertising or selling four masks in the United States: the iVolve nasal mask; the iVolve N2 nasal mask; the Willow nasal pillows mask; and the iVolve full face mask. For its part, 3B/BMC reported that it had discontinued the masks earlier this year.
In the case of the humidifier patent, the ITC’s decision to invalidate ResMed’s claim frees 3B/BMC to sell its PAP devices in the United States. That said, a ResMed statement says the company will appeal the ITC’s order on that patent and is considering further actions.
So, while the 18-month-long battle might or might not continue, for now both companies are claiming victory:
3B Medical Vice President Alex Lucio called the decision a “monumental win.”
“We are very pleased with the ITC’s decision in this case,” Lucio said. “This victory for us supports the position that we have taken since the very beginning on the key patent 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.”
“Changing lives with every breath is the foundation of ResMed’s business,” said David Pendarvis, ResMed chief administrative officer and global general counsel. “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. We are pleased the court has validated ResMed’s intellectual property rights protecting those valuable innovations for the benefit of patients.”