Monday, March 3, 2014
TAIPEI, Taiwan (Feb. 24, 2014)—Apex Medical Corporation, a leading player in the respiratory therapy and pressure area care sectors, announced that the United States Patent and Trademark Office (USPTO) agreed on Feb. 20 to reexamine the validity of five patents of ResMed, an Australia-based provider of sleep-disorder treatment products, which were asserted in patent litigation involving Apex.
Apex filed challenges in August 2013 against the validity of six of ResMed’s patents through a proceeding, namely, the inter partes review, administered by the USPTO. The patents are related to ResMed’s technology for continuous positive airway pressure (CPAP) machines and CPAP-complimentary masks.
Among the six cases filed to the USPTO, five are instituted based on the invalidity evidence submitted by Apex. One case was not instituted because ResMed surrendered the patent.
All six patents were asserted in a Section 337 investigation conducted by the United States International Trade Commission (USITC). The USITC has terminated the investigation pursuant to a consent decree. “We are making big steps in removing threat of patents,” said PJ Hsueh, president of Apex Medical USA. “And we are determined to clear away any invalid or trivial patents that could impede access to our products,” Hsueh said. “Apex’s new products are innovative in terms of design, efficiency and quietness and we have been receiving positive feedbacks from the users. We feel proud of our research and development capabilities and will keep supplying innovative as well as cost-efficient CPAP-related products to help improve the life quality of the patients suffering from sleep obstructive apnea.” Visit apexmedicalcorp.com.
