CLEVELAND, Ohio--A federal trial court has dismissed some of Invacare's anti-trust and unfair competition claims against Respironics.

In an Oct. 23 ruling, the U.S. District Court for the Northern District of Ohio said that Elyria, Ohio-based Invacare Corp. failed to show that Respironics monopolized or attempted to monopolize the market for positive airway pressure devices used in the treatment of obstructive sleep apnea.

While Murrysville, Pa.-based Respironics controlled a significant portion of the market for sales of masks and PAPs--44 percent and 50 percent respectively--and gave sleep labs nearly 600,000 free masks over a four-year period, the court said there was not enough evidence of anti-competitive conduct.

The court also dismissed predatory pricing claims by Invacare, which said that Respironics sold products below cost and illegally bundled its masks and PAPs.

However, the court did not dismiss claims against alleged trade and state anti-trust violations and allegations. In these claims, Invacare argued that Respironics made agreements with sleep labs to have them prescribe Respironics' products and exclude others.

In 2004, Respironics sued Invacare for patent violations. That lawsuit is still pending. Invacare then counter-sued Respironics.