By Eric Schweibenz and John Presper
On October 1, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Sleep-Disordered Breathing Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1134).

By way of background, this investigation is based on an August 31, 2018 complaint filed by ResMed Corp. and ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain sleep-disordered breathing treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,119,931 (“the ’931 patent”), 9,027,556 (“the ’556 patent”), 9,962,511 (“the ’511 patent”), 9,962,510 (“the ’510 patent”), and 9,937,315 (“the ’315 patent”). See our August 31, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Fisher & Paykel Healthcare Limited of New Zealand, Fisher & Paykel Healthcare, Inc. of Irvine, California, and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California as respondents in this matter.

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in the investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that MaryJoan McNamara will be the presiding Administrative Law Judge in this matter.

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