Statement of Daniel A. Pollack, Special Master in Argentina Debt Litigation

NEW YORK, Aug. 9, 2014 /PRNewswire/ — Daniel A. Pollack, Special Master appointed by Judge Thomas P. Griesa to conduct and preside over settlement negotiations in the Argentina Debt Litigation, today issued the following statement:

“Pursuant to the direction of the Court, I have continued to work to find a solution to the issues that divide the parties.  As I have indicated, it is my intention to convene and conduct further negotiations until a solution is reached, however long that may take.”

Mr. Pollack said he would have no further comment at this time.

Daniel A. Pollack, Special Master in Argentina Debt Litigation, Issues the Following Statement

NEW YORK, July 31, 2014 /PRNewswire/ — Daniel A. Pollack, the Special Master appointed by Judge Thomas P. Griesa to conduct and preside over settlement negotiations between the Republic of Argentina and its Bondholders, issued the following Statement today:

“This morning and this afternoon, representatives of the Republic of Argentina, led by Minister of the Economy, Axel Kicillof, and representatives of its large bondholders held further face-to-face meetings in my office and in my presence. Unfortunately, no agreement was reached and the Republic of Argentina will imminently be in Default. Today, July 30, was the last day of the grace period for the Republic of Argentina to pay many hundreds of millions of dollars of interest to its “exchange” bondholders, i.e. those who took bonds in 2005 and 2010 in exchange for the bonds they held following the Default of 2001. In order to make that payment of interest, however, the Republic of Argentina was also required, simultaneously, to make a “ratable” payment to the bondholders who declined to accept the exchanges of 2005 and 2010, i.e. the “holdouts”. The Republic of Argentina did not meet those conditions and, as a result, will be in Default. Notwithstanding any claim to the contrary, Default is not a mere “technical” condition, but rather a real and painful event that will hurt real people: these include all ordinary Argentine citizens, the exchange bondholders (who will not receive their interest ) and the holdouts ( who will not receive payment of the judgments they obtained in Court). The full consequences of Default are not predictable, but they certainly are not positive. This case has been highly publicized and highly politicized for many weeks. What has been perfectly clear to me all along, however, in my capacity as the neutral Special Master, is that the laws of the United States must be obeyed by all parties. The courts of the United States (both the United States District Court and the United States Court of Appeals), after full briefings and hearings, ruled that the Republic of Argentina could not lawfully make the interest payments to the exchange bondholders unless it simultaneously made the payments due the holdouts. I have worked relentlessly, over a five-week period, to bring the Republic of Argentina and its bondholders together in an agreement that would allow the June 30 interest payment of many hundreds of millions of dollars to be made, and to be made lawfully, thereby avoiding Default. It is not my role or intent to find fault with either side. I will continue to be available to the parties to aid them in reaching a resolution which they must reach in the interests of all concerned. Default cannot be allowed to lapse into a permanent condition or the Republic of Argentina and the bondholders, both exchange and holdouts, will suffer increasingly grievous harm, and the ordinary Argentine citizen will be the real and ultimate victim.”

Milliken & Company Escalates Patent Enforcement against Guangzhou Tongbo

SHANGHAI, July 29, 2014 /PRNewswire/ — Milliken & Company escalated its patent protection efforts in China by asking Guangzhou Municipal Intellectual Property (IP) to investigate Guangzhou Tongbo Telecom Equipment Co., Ltd.

Together with other local authorities, the Guangzhou Intellectual Property Bureau completed an inspection against Guangzhou Tongbo Telecom Equipment Co., Ltd. on May 6, 2014.  It was found that Guangzhou Tongbo manufactured fabric innerducts. As Milliken has patents concerning related fabric innerducts, the enforcement authorities seized the accused fabric innerducts during the inspection proceedings.

“The action led by the IP Bureau showed China is committed to enforcing intellectual property, and therefore encouraging innovation,” stated Jim Porterfield, Global Market Director at Milliken & Company, “Each action that helps protect our intellectual property in China ensures our customers and partners can continue to benefit from Milliken’s infrastructure solutions.”

About Milliken

Milliken is an innovation company that has been exploring, discovering, and creating ways to enhance people’s lives since 1865.  Our community of innovators has developed one of the largest collections of patents held by a private company. With expertise across a breadth of disciplines including specialty chemical, floor covering, and performance materials, we work around the world every day to add true value to people’s lives, improve health and safety, and make this world more sustainable. For more information, visit www.milliken.com.

ResMed Receives Permanent Injunction against APEX in Germany, Continues Enforcement of Patents in Europe

— Trial court awards permanent injunction, damages and costs against APEX

MUNICH, July 28, 2014 /PRNewswire/ — ResMed (NYSE: RMD), an innovator and pioneer in developing products for the treatment of sleep-disordered breathing and other chronic respiratory conditions, has won a permanent injunction in Germany against Taiwanese medical device manufacturer APEX Medical Corp. (APEX), prohibiting sales of infringing headgear used on APEX WiZARD 210 and 220 masks. The judgment was entered by the Regional District Court in Munich, is appealable, and applies throughout Germany.

The permanent injunction continues a preliminary injunction that was entered by the same court on Nov. 12, 2013. The court rejected APEX’s request to stay the injunction and its challenge to the validity of ResMed’s patent. The judgment also requires APEX to forfeit its inventory of infringing products, to report on its sales of the infringing products, and to pay damages to ResMed.

ResMed has also filed separate patent infringement lawsuits in the same court seeking damages and permanent injunctions to stop infringement of other ResMed patents. The trials of those cases will occur in the fall of 2014. The additional accused products are:

  • The APEX iCH and XT Fit CPAP devices
  • The APEX WiZARD 210 and WiZARD 220 masks

“ResMed has a global business built on its investment in research and developments, resulting in products sold worldwide that excel in performance, quality and comfort,” said David Pendarvis, ResMed global general counsel and chief administrative officer. “We will continue to defend our investment in intellectual property and pursue all legal remedies to prevent infringement in any country where that infringement exists.”

About ResMed:

ResMed changes lives by developing, manufacturing and distributing medical equipment for treating, diagnosing, and managing sleep-disordered breathing, COPD, and other chronic diseases. We develop innovative products and solutions to improve the health and quality of life of those who suffer from these conditions, and we work to raise awareness of the potentially serious health consequences of untreated sleep-disordered breathing. For more information on ResMed, visit www.resmed.com.

Contacts:
For News Media

For Investors

Gretchen Griswold

Agnes Lee

Director, Global Corporate Communications

Senior Director, Investor Relations

O: +1-858-836-6789

O: +1-858-836-5971

news@resmed.com

investorrelations@resmed.com

 

Apex Medical’s Respiratory Therapy Product Receives Affirmation from USITC

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.