ITC Begins Section 337 Patent Investigation on Breathing Treatment Systems
The International Trade Commission voted to begin an investigation into whether imports of sleep-disordered breathing treatment systems and components are violating Section 337 by infringing patents held by ResMed. The products are used in the treatment of obstructive sleep apnea by delivering pressurized air to the user to keep that user’s breathing passages open during sleep, the petition for investigation said (see 13040201). According to ResMed, Apex Medical makes infringing breathing treatment systems abroad, and imports them into the U.S. through its affiliate Apex Medical USA. Medical Depot, which does business as Drive Medical Design & Manufacturing, also imports infringing breathing treatment systems it buys from Apex Medical, the complaint alleged. ResMed is requesting the ITC issue limited exclusion and cease and desist orders against the proposed respondents.
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The ITC identified the following respondents to the investigation:
- Apex Medical Corp. of New Taipei City, Taiwan
- Apex Medical USA Corp. of Brea, Calif.
- Medical Depot Inc., d/b/a Drive Medical Design & Manufacturing of Port Washington, N.Y.