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  May 19th, 2016 | Written by

International Trade Commission to Investigate Chinese Manufacturer’s Alleged Patent Infringement

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  • ResMed says patents protect the company's proprietary flow generators and ventilators.
  • The U.S. Patent and Trademark Office previously rejected a BMC challenge to ResMed's patents.
  • BMC did not appeal a patent office ruling challenging ResMed's patents.

The United States International Trade Commission (ITC) has accepted the request of ResMed to investigate alleged infringement of its patented technology by Chinese medical device manufacturer BMC Medical Co., Ltd. and its U.S. distributor, 3B Medical.

ResMed is a medical device company in sleep-disordered breathing and respiratory care.

The ITC has agreed to review the alleged infringement of four ResMed patents by BMC’s first and second generation flow generator products, the RESmart and the Luna. The ResMed patents cover ResMed’s innovative flow generators and ventilators, including patents relating to the design for a flow generator and humidifier to improve performance and ease of use as well as one patent that protects a specific fearture of the products.

Based on a previous challenge from BMC, the United States Patent and Trademark Office rendered a final decision in January 2016 upholding the validity of the asserted claims from ResMed’s patent. BMC did not appeal that ruling.

ResMed is asking the ITC to stop BMC and 3B from importing and selling flow generators in the United States based on the alleged infringement of its patents. ResMed has also filed a lawsuit in federal court in San Diego seeking damages.

“ResMed has developed leading edge solutions for the treatment of sleep apnea and other respiratory conditions,” said ResMed’s global general counsel and chief administrative officer David Pendarvis. “ResMed’s proprietary innovations provide key benefits to patients, including increased comfort and usability, that help with successful therapy. We will continue to defend our proprietary technology that underscores the high-quality solutions we provide to patients in the United States and around the world.”