BEIJING, June 24, 2015 /PRNewswire/ -- BMC Medical Co., Ltd. has announced that it has won an overseas patent litigation against ResMed Inc. (ResMed).
On October 23, 2014 the District Court of Munich I heard the patent infringement case ResMed filed against BMC Medical Co., Ltd. (in the following: BMC) following the preliminary injunction based on the German part of the European Patent EP 1 21 0139 B1 (official docket number: 7 O 24459/13). The allegedly infringed patent was filed for a CPAP respiratory system machine with a detachable water tank. Based on the considerably uncertain patentability of ResMed’s patent, the District Court of Munich I lifted the preliminary injunction against BMC’s respiratory machine during the hearing, issued a judgment in favor of BMC Medical Co., Ltd. and ordered ResMed to compensate BMC. ResMed filed an appeal against the decision but the Higher District Court of Munich upheld the first instance court decision (official docket number: 6U 4842/14). Meanwhile, parallel patent infringement proceedings and patent invalidation proceedings are in progress and, due to the distinct possibility that the ResMed´s Patent will be entirely or partially invalidated, the Court ruled to suspend the patent infringement proceedings until a decision has been made in the invalidation proceedings.
This victory continues BMC’s winning streak in its global patent war against ResMed.
In the USA, in the final determination of a 337 investigation issued on December 23, 2014, the United States International Trade Commission ruled in favor of BMC and held ResMed’s humidifier patent to be invalid.
In China, the Chinese re-examination Board declared five out of seven of ResMed’s patents invalid; only one was maintained and BMC has filed an appeal against this decision before the Beijing Intellectual Property Court.
Challenged by the rapid emergence of BMC in the global market, ResMed has initiated numerous patent lawsuits against BMC. So far, and in more than half of the cases, either ResMed’s patents have been declared invalid or ResMed has withdrawn its suit. It is especially worth mentioning that ResMed has lost all cases concerning respiratory machines which were heard and decided by the courts in the USA, Germany and China.
About BMC Medical Co., Ltd.
The company BMC Medical Co., Ltd. is a leader in manufacturing, marketing and providing services for household respiratory machines. By investing in product development, driving technology advancement, ensuring product quality and providing services to a vast number of users, BMC Medical Co., Ltd. has become a worldwide leading manufacturer of household respiratory products and provider of related services. BMC Medical Co., Ltd. has already secured numerous intellectual property rights, is investing heavily in product development and technology innovation and is at the front of technology in this field. For more detailed information, please see http://en.bmc-medical.com
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SOURCE BMC Medical Co., Ltd.
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