BREA, Calif. (July 22 2014)—The ITC has reversed its recent decision in the matter of ResMed’s complaint regarding the design of Apex Medical’s XT CPAP machine water chambers.

The notice states:

“The Commission has further determined Apex’s redesigned XT CPAP humidifier is not covered by the Consent Order, thereby reversing the ALJ’s finding on this point. A modified advisory opinion will follow shortly.”

The Commission has reversed the ALJ’s incorrect ruling on the XT humidifier and concluded that the XT product does not infringe and is not covered by the Consent Order preventing the sale of Apex XT machines with water chambers. The Commission has also affirmed the ALJ’s ruling that the Apex Wizard 220 Mask is also not covered by the Consent Order. The Commission’s final advisory opinion will issue shortly and will provide the detail of their analysis.

“This is a great outcome for Apex and our customers who appreciate the value that our products offer said PJ Hsueh, President of Apex operations in North America. “Apex has well over a decade of product development and innovation of our own in the CPAP market, and we have never been accused of patent infringement before this litigation. We have always respected the intellectual property of others and appreciate it being recognized by this decision.”

“We look forward to supplying our complete XT range of CPAP machines to our customers with immediate effect.”