ResMed wins import ban against Taiwan's APEX

ResMed (ASX:RMD) has won an import ban in the US against a Taiwanese device manufacturer alleged to be infringing on the company’s patents.

A US International Trade Commission (ITC) judge has ruled that APEX is infringing on a ResMed patent with the design of the former’s APEX XT and iCH flow generators. The patent in question protects an integrated humidifier used in flow generator devices.

As a result of the ruling, APEX will be prohibited from importing or selling the devices in the US.

ResMed has announced that it also plans to ask the ITC to impose a fine on APEX for any infringing products sold in the US to date.

ResMed first filed a complaint with the ITC in March 2013. In August 2013, APEX redesigned the flow generators in an attempt to stop the alleged patent infringements. But with this week’s ruling, an ITC judge has held that APEX continues to infringe and that even the redesigned devices cannot be imported and sold in the market.

“This ITC victory is validation that our customers should not accept imitations,” ResMed global general counsel David Pendarvis said. “We are confident that the commission will agree with the judge’s decision and will continue to enforce our intellectual property against those who infringe it.”

ResMed (ASX:RMD) shares were trading 0.93% higher at $5.45 as of around 1 pm on Thursday.