Sleep and oxygen equipment maker ResMed has filed a new legal action in the United States International Trade Commission (ITC) to stop what it alleges as infringement of its patented technology by rival manufacturer 3B Products/BMC Medical Co., Ltd., which labeled the suit as “desperate” in a public statement.
The news is the latest development in what has been a nearly three-year-long intellectual property fight between the two companies that has seen wins and losses on both sides. Earlier decisions saw the ITC issue an order prohibiting 3B/BMC from importing, advertising or selling four masks in the United States, while invalidating a ResMed claim and allowing 3B/BMC to sell its PAP devices in the United States.
ResMed’s current suit alleges that BMC’s RESmart and Luna flow generator products infringe two claims of ResMed’s U.S. Patent No. RE44,453, which relates to a design for a flow generator and humidifier that diminishes the possibility of water in the humidifier spilling back into the flow generator when tipped.
ResMed reported it is also asserting three additional patents against the Luna and RESmart flow generators in the new ITC case. ResMed is asking the ITC to stop 3B/BMC from importing and selling the flow generators in the United States, and has filed a lawsuit in federal court in San Diego seeking damages.
“The proprietary technology in our flow generators and humidifiers makes them comfortable and user-friendly, and patients should be sure to get ResMed’s high-quality complete solutions to enjoy the health benefits of successful CPAP treatment,” said said ResMed global general counsel and chief administrative officer David Pendarvis. “We will continue to defend our proprietary technology by enforcing our patents against those who unfairly copy our products.”
A statement from 3B/BMC said that ResMed’s suit will stifle “legitimate and fair competition” in ways that would hurt the industry and consumers.
“ResMed’s second patent suit only strengthens 3B Medical’s ongoing antitrust case against ResMed, and we don’t think it will sit well with the jury in that case,” said Thomas Thayer, senior president of 3B Medical Inc. “3B Medical strongly believes that the outcome of the antitrust case will ensure that this industry is no longer captive to a bully trying to kill competition and keep prices high, including by filing frivolous follow-on patent litigation against small competitors after losing initial lawsuits.”