BEIJING, April 8, 2014 /PRNewswire/ -- BMC Medical Co., Ltd. and 3B Medical, Inc. are pleased to announce that ResMed (Stockcode: RMD) has dropped one of the patents initially asserted against BMC and 3B, U.S. Patent No. 7,938,116 ("the "'116 Patent"), in the pending investigation before the U.S. International Trade Commission under Section 337.
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The '116 patent, entitled "Ergonomic and Adjustable Respiratory Mask Assembly with Headgear Assembly," issued on May 10, 2011 and claims a respiratory mask assembly with a frame, a headgear assembly movably attached to the frame, and a connector with a plurality of teeth for rotationally adjusting the headgear with respect to the frame. Following a ruling by the ITC's Administrative Law Judge restricting the scope of the asserted claims of the '116 Patent, ResMed voluntarily withdrew the patent from the investigation. The ITC confirmed that the '116 Patent was dropped from the case in a Notice issued on March 11, 2014.
In addition, ResMed has confirmed that a number of the product designs introduced by BMC and 3B in the ITC investigation are not alleged to infringe its patents.
BMC and 3B will continue to aggressively defend against ResMed's allegations and look forward to a successful conclusion to the ITC's investigation. The current target date for the ITC to issue its final determination is December 23, 2014.
SOURCE BMC Medical Co., Ltd.