TAIPEI, July 29, 2014 /PRNewswire/ — Apex Medical Corporation (Apex, TWSE: 4106), a leading player in the Respiratory Therapy and Pressure Area Care sectors, announces that it is appealing the judgment of the Regional Court of Munich in Germany that found the headgear of certain mask models infringe a ResMed patent. Apex notes that it has initiated invalidity challenges against various ResMed patents in major countries. Apex further reiterates its continuous efforts in counterattacking against trivial and junk patents.
ResMed filed the lawsuit with the Regional Court of Munich in November 2013, a few months after Apex successfully terminated patent litigation brought by ResMed in the US. The patent at issue is relating to fastening portion such as Velcro used in the headgear. The Regional Court of Munich held that Apex’s Wizard 210 and Wizard 220 headgears were covered by one European patent of ResMed. However, as early as December 2013, Apex has challenged the validity of the same ResMed patent before the European Patent Office. Apex thus will appeal the judgment entered by the Regional Court.
Apex notes that the judgment is limited to headgears of specific masks distributed in Germany and does not cover masks or any other respiratory therapy products. Also, Apex’s new headgear design is ready to be offered to the customers. The Regional Court’s judgment therefore has limited effect on Apex’s global operation.
In addition, earlier this year Apex has initiated patent invalidity challenges against ResMed’s other German and European patents that ResMed asserted in separate proceedings. Meanwhile, based on the evidence submitted by Apex, the patent agencies in the United States, Japan, and China are conducting independent review on the validity of several ResMed patents.
The Company reiterates its belief that invalid or junk patents not only harm fair competition but also obstruct patients’ access to quality products. Apex thus will continue fighting against invalid or junk patents to ensure freedom to market and fair competition.
Apex 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.
Apex Medical is a leading manufacturer of its own brand of Respiratory Therapy products and distributes through an established network of international subsidiaries and partners in Europe, the United States, Asia and other international markets. Apex specializes in product development, engineering and marketing products with a dedicated and innovative team of industry professionals. Apex aims to be a global leader in the provision of high quality healthcare products, delivering tested, trialed and clinically evaluated devices while ensuring that its own technology and intellectual property meet the demands of the Respiratory Therapy market.