ResMed Wins ITC Litigation Over Its Sleep Disorder Medical Devices

January 22, 2015 – In a January 16 opinion in the ITC matter In re Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof, Investigation No. 337-TA-890, the Commission agreed with the Administrative Law Judge that a violation of section 337 had occurred with respect to certain asserted claims of ResMed Corp.’s patents and issued a limited exclusion order directed to Respondents’ (3B Medical, 3B Products, and BMC Medical Co.) products (and their affiliates) that infringe those claims.  It also determined that issuance of cease and desist orders directed to all asserted patent claims was warranted.  The technology at issue in the investigation related to the field of continuous positive airway pressure (“CPAP”) devices used to treat sleep-disordered breathing problems, particularly obstructive sleep apnea. The accused products included masks and humidifiers for CPAP therapy to treat breathing problems such as sleep apnea.  The patents at issue were U.S. Patent No. 7,178,527, entitled “Nasal Mask and Mask Cushion Therefor”; U.S. Patent No. 7,341,060, entitled “Ergonomic and Adjustable Respiratory Mask Assembly with Headgear Assembly”; U.S. Patent No. 7,926,487, entitled “Respiratory Mask Having Gas Washout Vent and Gas Washout Vent Assembly for a Respiratory Mask”; U.S. Patent No. 7,950,392, entitled “Cushion and Mask Therefor”; U.S. Patent No. 7,997,267, entitled “Ergonomic and Adjustable Respiratory Mask Assembly With Elbow Assembly”; U.S. Patent No. 8,312,883, entitled “Nasal Assembly”; and U.S. Patent No. RE 44,453, entitled “Humidifier with Structure to Prevent Backflow of Liquid Through the Humidifier Inlet.”

By: Frederick C. Millett

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