SAN DIEGO (Legal Newsline) - ResMed, one of the largest developers and makers of sleep disorder breathing devices, has won a patent infringement lawsuit against a Chinese medical device manufacturer.

The International Trade Commission ruled against BMC Medical Co. Ltd. last week.


The commission is an independent, quasi-judicial federal agency that directs actions against unfair trade practices, including patent infringement.


In its Dec. 23 ruling, the ITC found that BMC’s line of masks -- its iVolve nasal mask, iVolve N2 nasal mask, Willow nasal pillows mask and iVolve full face mask -- infringe ResMed’s patents.


The commission entered an order prohibiting BMC from importing, advertising or selling the masks in the U.S.


In its ruling, the ITC also sustained a BMC challenge to the one patent that ResMed asserted in this case against a BMC humidifier.


ResMed said in a statement it will appeal the ITC's order on that patent and is considering further actions.


“Changing lives with every breath is the foundation of ResMed’s business. That focus drives our patient-centric approach to research and development. It’s why our products are the highest quality and the most comfortable, and it’s why we vigorously protect our patent portfolio,” said David Pendarvis, ResMed chief administrative officer and global general counsel.


“We are pleased the court has validated ResMed’s intellectual property rights protecting those valuable innovations for the benefit of patients.”


ResMed has a portfolio of more than 5,000 patents, pending patent applications and protected designs on flow generators, humidifiers and masks relating to CPAP therapy.


From Legal Newsline: Reach Jessica Karmasek by email at

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