By Eric Schweibenz and Alex Englehart
On October 5, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Obstructive Sleep Apnea Treatment Mask Systems and Components Thereof (Inv. No. 337-TA-1136).

By way of background, this investigation is based on a September 10, 2018 complaint filed by Fisher & Paykel Healthcare Ltd. of New Zealand 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 obstructive sleep apnea treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 9,333,315; 9,517,317; 9,539,405; 9,907,925; and 9,974,914. See our September 10, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia 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 Clark S. Cheney will be the presiding Administrative Law Judge in this matter.