In response to a legal action initiated by ResMed, the International Trade Commission (ITC) agreed to investigate Chinese medical device manufacturer BMC Medical Co Ltd, and its distributors, Florida-based 3B Medical Inc and 3B Products LLC. ResMed also filed suit in federal court against BMC in May, asserting patent infringement by:
- The RESmart CPAP and RESmart Auto CPAP devices, and
- The Willow nasal pillows patient interface and the iVolve nasal mask.
The ITC’s decision stems from an early August amended complaint in U.S. federal court aimed to stop infringement of ResMed patents. ResMed specifically asked the ITC to stop the importation and sales of these products in the United States. ResMed wants the court to halt the infringement and award damages against BMC and 3B.
“We’re encouraged by the ITC’s action to investigate this case against BMC,” said ResMed Global General Counsel and Chief Administrative Officer David Pendarvis. “For more than two decades, ResMed has generated significant advances in innovative products for sleep-disordered breathing therapy We invest over $100 million in research and development each year to fuel these advances and other companies should not be allowed to infringe ResMed’s intellectual property by using our technology.”