ResMed and BMC Both Declare ITC Victory

In a battle of dueling press releases, BMC Medical and ResMed showed that when it comes to International Trade Commission (ITC) rulings, it’s all a matter of perspective.

San Diego-based ResMed declared victory in what they called a “significant patent infringement action against Chinese medical device manufacturer” BMC Medical Co.


According to the ResMed press release, the International Trade Commission (ITC) ruled that BMC’s masks listed below infringe ResMed’s patents, and entered an order prohibiting BMC from importing, advertising, or selling these masks in the United States:

  • iVolve nasal mask;
  • iVolve N2 nasal mask;
  • Willow nasal pillows mask; and
  • iVolve full face mask

“We are pleased the court has validated ResMed’s intellectual property rights protecting those valuable innovations for the benefit of patients,” said David Pendarvis, ResMed chief administrative officer and global general counsel.

ResMed reported that, “In its ruling, the ITC also sustained a BMC challenge to the one patent that ResMed asserted in this case against the BMC humidifier. ResMed will appeal the ITC’s order on that patent and is considering further actions. ResMed has a portfolio of more than 5000 patents, pending patent applications and protected designs on flow generators, humidifiers and masks relating to CPAP therapy.”

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