BMC Medical Co Ltd and 3B Medical Inc. launched a “global strategy” last week to “go on offense” and seek to invalidate portions of ResMed’s patent portfolio in China, Germany and the United States.
James Xu, president of BMC Medical, confirmed via press release that challenges to a large body of patents have already been filed simultaneously in all three countries, with trials concluded in both the United States and China. “We have a significant investment in research and development, but we believe that ResMed is misusing the patent system in an anti-competitive manner, and so we have to be proactive on the global landscape to assert our right to compete in this product space,” said Mr. Xu.
Meanwhile, ResMed won a permanent injunction in Germany against Taiwanese medical device manufacturer APEX Medical Corp prohibiting sales of infringing headgear used on APEX WiZARD 210 and 220 masks. According to a ResMed press release, the judgment was entered by the Regional District Court in Munich, is appealable, and applies throughout Germany.
The permanent injunction continues a preliminary injunction that was entered by the same court on Nov. 12, 2013. The court rejected APEX’s request to stay the injunction and its challenge to the validity of ResMed’s patent. The judgment also requires APEX to forfeit its inventory of infringing products, to report on its sales of the infringing products, and to pay damages to ResMed.