ResMed scores initial win in ITC case against BMC

ResMed (ASX:RMD) has won an initial decision in its patent infringement lawsuit with the US International Trade Commission (ITC) against Chinese medical device maker BMC Medical.

The ITC judge hearing the case has found that each of nine BMC sleep-disordered breathing products named in the suit infringe on one or more ResMed patents.

As a result, the judge has recommended that the ITC ban BMC and US distributor 3B Products from importing, selling, advertising, storing or testing any of the products in the US.

The case covered a BMC humidifier and both original and redesigned versions of four nasal and full-face positive airway pressure (PAP) masks.

ResMed first took action against BMC Medical in June last year, filing suit in a California court and applying to have the company added to its ITC action against Taiwan’s APEX Medical.

The ITC ordered an import ban on sleep breathing products from APEX two months ago and upheld the ban last month even after APEX redesigned the products to try to work around the patents.

David Pendarvis, ResMed global general counsel, vowed that the company will “continue protecting our intellectual property anywhere we identify infringement”.

ResMed (ASX:RMD) shares were trading unchanged at $5.57 as of around 1.30 pm on Tuesday