An administrative law judge at the International Trade Commission (ITC) ruled in favor of ResMed (NYSE: RMD) in its patent infringement case against Chinese medical device manufacturer BMC Medical Co., Ltd.
ITC Judge Thomas Pender found that each of nine BMC products named in the action infringes one or more ResMed patents, and as a result, recommended that the ITC ban BMC and its U.S. distributor, 3B Medical, from importing or selling any of the infringing BMC products in the United States.
Judge Pender also recommended a cease and desist order that would enjoin BMC and 3B from selling, advertising, marketing, storing or testing the infringing products in the United States.
“The judge’s decision is not just a victory for ResMed and the product innovation that is core to our brand, but it’s also a win for patients who deserve high quality, comfortable care,” said David Pendarvis, ResMed’s chief administrative officer and global general counsel. “We will continue innovating and continue protecting our intellectual property anywhere we identify infringement.”