Win for ResMed as ITC upholds import ban

ResMed (ASX:RMD) has won another International Trade Commission ruling against Taiwanese device manufacturer APEX.

The court has ruled that the APEX iCH continuous positive airway pressure (CPAP) device continues to infringe on ResMed patents even after a redesign.

The ITC ordered an import ban against several APEX devices in June during proceedings initiated by ResMed.

According to ResMed, two more redesigned APEX breathing therapy masks were found not to infringe, but during the proceedings APEX’s own expert stated that the new designs compromised functionality and performance.

APEX had been seeking the overturn of an import ban on another device, but withdrew it from its filings prior to the ruling, so the ban remains in effect.

“This result - and APEX’s own expert - affirms that the superior quality and functionality generated by ResMed innovation cannot be duplicated,” ResMed global general counsel David Pendarvis said.

ResMed filed its initial ITC action against APEX in March 2013. In August that year, APEX redesigned some of the products in an attempt to work around the patents. But last month, the ITC found that even those designs continued to infringe on ResMed patents.

ResMed (ASX:RMD) shares were trading 0.29% higher at $5.255 as of around 2 pm on Tuesday.