By Eric Schweibenz
On January 24, 2017, ALJ MaryJoan McNamara issued Order No. 44 in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by Complainants ResMed Corp., ResMed Inc., and ResMed Ltd.’s (collectively, “ResMed”) alleging violation of Section 337 by Respondents BMC Medical Co., Ltd., 3B Medical, Inc., and 3B Products, LLC (collectively, “Respondents”) in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860. See our April 15, 2016 and May 16, 2016 posts for more details on the complaint and Notice of Investigation, respectively.

According to the Order, ALJ McNamara granted a joint motion to terminate the investigation based on a settlement agreement between ResMed and Respondents that “resolves the claims Complainants have asserted against Respondents in this proceeding.”

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