10
Sep
By Eric Schweibenz and Alex Englehart
On September 10, 2018, Fisher & Paykel Healthcare Ltd. of New Zealand (“FPH”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain obstructive sleep apnea treatment systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315 (the ’315 patent), 9,517,317 (the ’317 patent), 9,539,405 (the ’405 patent), 9,907,925 (the ’925 patent), and 9,974,914 (the ’914 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to mask systems used in the treatment of sleep apnea. In particular, the ’315, ’317, and ’405 patents relate to a mask system for treatment of obstructive sleep apnea via the delivery of a supply of air at positive pressure into the patient’s airway. The ’925 and ’914 patents relate to nasal pillows for use with a mask system for treatment of obstructive sleep apnea via the delivery of a supply of air at positive pressure into the patient’s airway.

In the complaint, FPH states that ResMed imports and sells products that infringe the asserted patents. The complaint specifically refers to ResMed’s AirFit P10, AirFit P10 for Her, and AirFit P10 for AirMini as infringing products. According to the complaint, these products include a headgear and a frame, and may include pillows.

Regarding domestic industry, FPH states that its Opus 360 product is covered by at least one claim of each asserted patent. FPH further states that all units for the worldwide sales of the Opus 360 are manufactured in the U.S. FPH refers to a confidential declaration from the Program Manager for its Opus 360 product in support of FPH’s domestic industry allegations.

With respect to potential remedy, FPH requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at ResMed.
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