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[News] ResMed sues APEX Medical over device patents
ResMed sues APEX Medical over device patents
ResMed takes aim at APEX Medical over respiratory device patents

March 29, 2013 by Arezu Sarvestani

ResMed is "taking action" against APEX Medical in launching an infringement lawsuit over patents pertaining to respiratory masks and flow generators.

San Diego medical devices maker ResMed (NYSE:RMD) announced this week that it's going to "take action" to protect its respiratory patents, most recently by filing an infringement lawsuit against APEX Medical.

ResMed filed parallel actions with the the International Trade Commission and in U.S federal courts, alleging that a handful of APEX's products violate patents for respiratory devices and masks.

The news comes just weeks after ResMed changed hands from founder and former CEO Dr. Peter Farrell to his son Michael "Mick" Farrell, a transition that took effect at the start of March.

"For more than two decades, ResMed has generated significant advances in innovative products for sleep-disordered breathing therapy," global general counsel and chief administrative officer David Pendarvis said in prepared remarks. "We invest over a hundred million dollars in research and development each year to fuel these advances and other companies should not be allowed to infringe ResMed's intellectual property by using our technology."

ResMed specifically named 6 models among 3 of APEX's products as alleged violations: "The APEX WiZARD 210 and WiZARD 220 masks, the identical Freedom 210 and Freedom 220 masks made by APEX and sold by Medical Depot, the APEX iCH and XT Fit flow generators."

The California device maker is taking on APEX and its U.S. distributor, Medical Depot, according to a press release.

"ResMed is asking the ITC to stop the importation and sales of these products in the United States, and it is asking the U.S. federal court to stop the infringement and award damages against the defendants," according to the company.

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RE: ResMed sues APEX Medical over device patents
I'd be more sympathetic to Resmed if they weren't ripping off patients outside the U.S. I might even speak up for them if they weren't deliberately encouraging the prescription requirement for their products, clearly designed to increase sales prices. And until they recognize that their customer is the patient, not the DME, they will get no support from me.
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RE: ResMed sues APEX Medical over device patents
I agree JJJ. I think you'll find that almost all R&D money for medical equipment comes from taxpayers and not from the goodness of the CEO's heart. If R&D was funded by the company alone (as I think that man is trying to imply) there would be NO new tech developed at all because "It's too risky".

So I say: "PFFT!!!"

"With ordinary talent and extraordinary perseverance, all things are attainable." - Thomas Foxwell Buxton

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RE: ResMed sues APEX Medical over device patents
I agree with most of what you say Shastzi, except the statement that there would be no new tech developements without all of the R&D subsidies. I think more investors would take risk if they had to; but, why should they learn to climb trees when there is so much low hanging fruit?

Actually; it would be more accurate to say: Why should they learn to climb trees when they can bribe the politicians to pass laws requiring tax payers to climb trees and throw the fruit down to them.
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