By Eric Schweibenz
On August 22, 2014, ALJ Thomas B. Pender issued a notice of Initial Determination ("ID") on violation of Section 337 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).

By way of background, the investigation is based on a complaint filed by ResMed Corporation, ResMed Incorporated, and ResMed Limited (collectively, "ResMed") alleging violation of Section 337 by BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, L.L.C. (collectively, "Respondents") in the importation and/or sale of certain sleep-disordered breathing treatment systems and components thereof that infringe one or more claims of various patents.  See our July 22, 2013 and August 20, 2013 posts for more details on ResMed's complaint and the Notice of Investigation, respectively.

According to the August 22, 2014 notice, ALJ Pender determined that there has been a violation of Section 337 with respect to U.S. Patent Nos. 7,178,527; 7,950,392; 7,997,267; 7,341,060; 8,312,883; and RE 44,453. ALJ Pender further determined that there has been no violation with respect to U.S. Patent No. 7,926,487.

The notice of ID issued by ALJ Pender released only limited information.  We will provide additional information after the public version of the ID is issued.