HOUSEHOLD respiratory machine manufacturer BMC Medical Co., Ltd. said it has won an overseas patent litigation against ResMed Inc. for a CPAP respiratory system machine with a detachable water tank.
The Higher District Court of Munich upheld the first instance court decision in favor of BMC
(Beijing, China) and which ordered ResMed
(San Diego, CA, USA) to compensate BMC
On October 23, 2014, the District Court of Munich I heard the patent infringement case ResMed filed against BMC following the preliminary injunction based on the German part of the European Patent EP 1 21 0139 B1. The allegedly infringed patent was filed for a CPAP respiratory system machine with a detachable water tank. Based on the considerably uncertain patentability of ResMed's patent, the first instance court lifted the preliminary injunction against BMC's respiratory machine during the hearing, issued a judgment ResMed filed an appeal against the decision, which it lost in the higher district court.
Meanwhile, parallel patent infringement proceedings and patent invalidation proceedings are in progress and, due to the distinct possibility that the ResMed´s patent will be entirely or partially invalidated, the court ruled to suspend the patent infringement proceedings until a decision has been made in the invalidation proceedings.
This is the third victory for BMC in its global patent war against ResMed concerning respiratory machines. In the United States, the International Trade Commission decision to declare ResMed's humidifier patent to be invalid in December 2014. In China, five out of seven of ResMed's patents were declared invalid; only one was maintained and BMC has filed an appeal against this decision before the Beijing Intellectual Property Court.
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