ITC Asks for Comments on Possible Import Ban for Breathing Treatment Devices

The International Trade Commission is asking for public comments by Sept. 25 on a possible import ban on sleep-disordered breathing treatment systems that infringe ResMed’s patents. The ITC began its investigation in August 2013, after ResMed alleged BMC Medical and its U.S. affiliates 3B Medical and 3B Products are importing and selling patent-infringing products. The systems 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. An administrative law judge has recommended limited exclusion orders and cease and desist orders banning importation and sale of infringing systems by all three respondents.