By Eric Schweibenz
On December 14, 2016, ALJ MaryJoan McNamara issued Order No. 22 granting Complainants ResMed Corp., ResMed Inc., and ResMed Ltd.’s (collectively, “ResMed”) motion to terminate the investigation as to certain asserted claims 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 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 ResMed’s motion to partially terminate the investigation as to 61 asserted claims by withdrawing the allegations regarding those claims.