PTAB Institutes IPR on ResMed Patent

January 23, 2015 – Following on the heels of the January 16 ITC Decision and ResMed victory reported yesterday, Patent Trial and Appeal Board Administrative Patent Judge Scott E. Kamholz issued a decision on January 21, granting a request by 3B Medical, Inc., 3B Products, L.L.C., and BMC Medical Co. for inter partes review of ResMed Limited’s U.S. Patent No. RE 44,453, entitled “Humidifier with Structure to Prevent Backflow of Liquid Through the Humidifier Inlet” in Case IPR2014-01196 and Case IPR2014-01363.  APJ Kamholz, along with panel members Meredith C. Petravick and Barry L. Grossman, granted the IPR over claims 1-3 on the grounds of Section 103 obviousness and claims 1 and 4-7 on the grounds of Section 102 anticipation, while denying the IPR over claims 2 and 6 on the grounds of Section 103 obviousness and Section 102 anticipation, respectively, in Case IPR2014-01196.  They also granted the IPR over claims 9-19, 25-27, 40 and 63 on the grounds of Section 102 anticipation and claims 23, 24, and 28-36 on the grounds of Section 103 obviousness in Case IPR2014-01363.  ResMed’s technology relates to the field of continuous positive airway pressure (“CPAP”) devices used to treat sleep-disordered breathing problems, particularly obstructive sleep apnea. The patent at issue in this IPR relates to humidifiers for CPAP therapy to treat breathing problems.
Related: Frederick C. Millett, ResMed Wins ITC Litigation Over Its Sleep Disorder Medical Devices (January 22, 2015).
By: Frederick C. Millett