TAIPEI, July 21, 2014 /PRNewswire/ — Apex Medical Corporation (Apex, TWSE: 4106), a leading player in the Respiratory Therapy and Pressure Area Care sectors, announces that the United States International Trade Commission (USITC) has issued a final advisory opinion, determining that Apex’s newly designed XT series continuous positive airway pressure (CPAP) water tank and Wizard 220 mask are free from the patent claims asserted by ResMed, one of Apex’s major competitors. Apex further declares its plan of introducing an upgraded iCH water tank to the market in October 2014.
In September 2013 Apex requested the USITC to declare that Apex’s newly designed sleep-disorder breathing treatment products are not covered by the claims of seven ResMed patents that were raised in an earlier Section 337 investigation. On July 18, 2014, the USITC issued the final opinion in response to the parties’ appeals on the initial opinion of the Administrative Law Judge (ALJ) issued one month earlier.
In the final and non-appealable opinion, the USITC upheld the ALJ’s ruling on the new mask design, confirming that the mask design is clear of ResMed’s asserted claims. Significantly, the USITC overruled the ALJ’s negative finding regarding the newly designed XT series water tank; the USITC determined that the new XT series CPAP water tank is free from ResMed’s patent assertions. The USITC affirmed ALJ’s finding that the petitioned water tank design for iCH series CPAP is covered by a single claim of one ResMed patent.
Meanwhile, the United States Patent and Trademark Office (USPTO) is reviewing the validity of five ResMed’s patents, including the claim relevant to the iCH series water tank, through a procedure named inter partes review. The USPTO is expected to render its decisions by early 2015.
“The USITC’s decision confirms our masks and XT series are clear of ResMed’s interference with patents. The demand of our products remains strong,” said Apex’s CEO, Daniel Lee. “The decision is a significant approval for our products and R&D. We deem it a victory for our customers as well as people suffering from sleep apneas,” Daniel said.
The company stresses its goal of serving patients suffering from sleeping disorders with quality, effective as well as cost-saving CPAP products, and affirms its devotion to innovation and its commitment to the customers.