The ResMed, BMC patent battle continues with recent decisions by the U.S. International Trade Commission impacting the effort.
Readers might recall that in July 2013, ResMed filed a complaint with the ITC against Chinese medical device manufacturer BMC Medical Co. Ltd. and its U.S. sales subsidiary, 3B Products LLC, for what it alleged were infringements on patents for the he RESmart CPAP and RESmart Auto CPAP device, and he Willow nasal pillows patient interface and the iVolve nasal mask.
Specifically, ResMed asked the ITC to stop the importation and sales of BMC’s products in the United States. The ITC then launched an investigation in August.
In the most recent developments, the ITC last week denied a bid from sleep equipment maker BMC Medical to invalidate a ResMed patent, while it also ruled to restrict the scope of the asserted claims of one patent to the point that ResMed voluntarily withdrew the patent from the investigation.
On one of the patents being argued (U.S. patent RE 44,453), BMC contended that a German patent and a Respironics patent that both covered the same sleep-treatement humidifier design predated the Resmed patent. The ITC Administrative Law Judge found there was insufficient information to determine if either predated the ResMed patent.
Also, a ruling by the ITC ALJ narrowed the scope of the ReSmed’s claims regarding U.S. Patent No. 7,938,116. This led ResMed to withdraw the patent from the investigation in mid-March.