ALJ Denies ResMed Corp.’s Motion to Strike Supplemental Expert Report

January 24, 2017 – In a telephone conference with Complainants ResMed Corp., ResMed Inc., and ResMed Ltd. and Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C., Administrative Law Judge Mary Joan McNamara denied Complainants’ Motion to Strike as untimely the Supplemental Expert Report of Respondents’ expert, Mr. Steve Bordewick.  Finding no rule requiring the submission of supplemental expert reports by a certain date and no prejudice to Complainants, the report was not stricken.  The patents at issue are U.S. Patent Nos. 8,006,691 “Humidifier with removable water tank,” 8,020,551 “Breathable gas apparatus with humidifier,” 9,072,860 “Breathable gas apparatus with humidifier,” and RE44,453 “Humidifier with structure to prevent backflow of liquid through the humidifier inlet.”   The case is Sleep-Disordered Breathing Treatment Systems and Components Thereof, ITC-337-TA-997 at the International Trade Commission.

By: Katherine E. Adams

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