ResMed still battling with BMC

Respiratory medical devices maker ResMed files a new International Trade Commission complaint against rival BMC Medical and its U.S. distributor.

San Diego respiratory devices maker ResMed (NYSE:RMD) filed a new complaint with the International Trade Commission, this time against Chinese medtech company BMC Medical Co. and its U.S. subsidiary 3B Products.

ResMed had previously filed a lawsuit against BMC and 3B, accusing the duo of infringing on patents for CPAP devices, a nasal mask and a nasal pillow interface. ResMed announced this week that it amended the lawsuit to include additional patents.

“ResMed built its market leadership by investing in superior technology for sleep-disordered breathing therapy,” ResMed global general counsel and chief administrative officer David Pendarvis said in prepared remarks. “We will continue to defend our proprietary technology by enforcing our patents against those who unfairly copy our products.”

ResMed has had some limited success in taking alleged infringers to task, both in court and in before the ITC. Earlier this month both ResMed and Apex Medical notched in a win in their corners when the ITC approved a consent decree that would prevent Apex from importing into the U.S. any products that infringe on ResMed’s patents. The decree didn’t name any specific products and an Apex company statement said that the company’s “lawful operation in the United States is completely undisturbed.”

The action against BMC and 3B began in June, originally adding the duo to the prior ITC complaint against Apex. ResMed has been taking aggressive action against potential infringers in the last few months, shortly after ResMed changed hands from founder and former CEO Dr. Peter Farrell to his son Michael “Mick” Farrell, a transition that took effect at the start of March.

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