ResMed wins temporary German injunctions in patent suits


By Dylan Bushell-Embling
Friday, 22 November, 2013

ResMed (ASX:RMD) has won preliminary injunctions in Germany against two Greater China manufacturers for allegedly infringing ResMed patents.

The Munich District Court has ordered Taiwan’s APEX Medical Corp and mainland China’s BMC Medical not to sell or market certain devices in Germany without a further court order.

APEX Medical has been instructed not to sell its APEX WiZARD 210 and WiZARD 220 mask headgear, while BMC has been prohibited from selling its RESmart CPAP devices and Willow/FeaLite nasal pillow patient interfaces.

ResMed has accused the manufacturers of violating its sleep-disordered breathing patents with each of the devices. The company has also filed lawsuits in Germany seeking permanent injunctions and is seeking to extend the injunctions to more APEX devices.

Earlier this year, ResMed filed suits against the manufacturers in the US with the International Trade Commission and the company has secured an ITC decree against APEX preventing the import and sale of allegedly infringing products. The case against BMC is still ongoing.

“ResMed has a global business built on its investment in research and development,” ResMed Global General Counsel and Chief Administrative Officer David Pendarvis said. “We will continue to defend our investment in intellectual property and pursue all legal remedies to prevent infringement in any country where that infringement exists.”

ResMed (ASX:RMD) shares were trading 0.64% higher at $5.495 as of around 12.30 pm on Friday.

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