BEIJING, Feb. 8, 2016 /PRNewswire/ -- BMC Medical Co., Ltd has won a global patent infringement litigation action against ResMed Inc.
The United States Patent and Trademark Office (USPTO) issued a series of judgments in connection with inter partes review of U.S. Patent No. RE44453 on January 21, 2016, declaring the 32 claims invalid.
To date, ResMed has lost every lawsuit in connection with patents for a sleep therapy device heard and ruled in China, the US and Germany, including a failure in an appeals court in Germany and a failure in an appeals court filed by its subsidiary in China. Notably, the ruling included all seven asserted claims for the sleep therapy device mentioned in the United States International Trade Commission (ITC)'s judgment.
ResMed refused to accept ITC's judgment in 2014 and filed an appeal. The judgments about the patent infringement litigation placed ResMed at a disadvantage in the ITC's appeal.
"ResMed has an urgent need to win a lawsuit to save face, and, as a result, it is certainly expected that it will appeal the verdict."
"We have learnt much from the lawsuit against ResMed," explained BMC Medical's head of intellectual property department, Denny DU, "We have now built a powerful patent team to support our strong resources in research and development. The patent team has gone on to win most lawsuits filed against us. In less than three years, we have applied for hundreds of patents and now we are able to proactively protect our rights and interests."
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