BMC claims wins in continued spat with ResMed over CPAP patents

BMC Medical today claimed the approval of a motion for a voluntary dismissal of an appeal from ResMed (NYSE:RMD) in a long running patent spat as a win for the company.

The dispute is part of a long-standing conflict between the 2 companies over patents related to continuous positive airway pressure devices.

BMC said that it cross-appealed the ITC’s orders related to ResMed patents related to masks used with CPAP products, and in March the ITC remanded the case to itself to determine “whether ResMed’s activities and investments in the United States qualify as a “domestic industry,” according to a press release.

The Chinese company reported that the ITC said that a recent decision from the Federal Court “would appear to stand as an obstacle to ResMed’s proof of the existence of a domestic industry related to the mask patents,” and that it would “suspend its remedial orders, which are directed to the mask patents, as it considers the issue,” according to the press release.

BMC said the German Federal Patent Court had accepted all requests from BMC and nullified the German part of a European patent relating to a CPAP system with a detachable water tank in the attacked scope, while non-attacked claims were maintained.

Last July, BMC said it won a European litigation against ResMed over an infringed patent for a continuous positive airway pressure respiratory system machine with a detachable water tank.

The 1st District Court of Munich lifted a preliminary injunction against BMC’s CPAP machine during the hearing and issued a judgement in favor of BMC Medical, the Beijing, China-based company said.

The court also ruled to suspend parallel patent infringement proceedings until a decision is made in the invalidation proceedings, BMC Medical said.

ResMed general counsel David Pendarvis told MassDevice.com in an email that a final decision on BMC’s infringement on ResMed’s flow generator patents “will not be made until later this year when the German court addresses the validity of the ResMed patent asserted in the case.”

“The decision made by the German court that is the subject of the BMC press release issued on Tuesday, June 23 is an interim decision on a single issue involving a single patent asserted against the sale of BMC flow generators in Germany,” Pendarvis said.

In December 2014, BMC claimed a win in a related proceeding in Germany. In August, ResMed and BMC each declared victory after the International Trade Commission issued a mixed decision, ruling that 9 of BMC’s products each violated at least 1 of ResMed’s patents and that certain of ResMed’s patents were invalid.

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