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.

BMC to Actively Defend against Curative in Patent Fight

BEIJING, July 18, 2014 /PRNewswire/ — On June 24th, 2014, BMC Medical Co., Ltd. (hereinafter referred to as “BMC”) received a complaint submitted to the Suzhou Intermediate People’s Court by Curative Medical Technology (Suzhou) Inc. (hereinafter referred to as “Curative”). Curative accused BMC of violating its patent ZL200610080596.6. (sound-absorbing mechanism and the Positive Airway Pressure device that adopts this mechanism).

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After receiving the complaint, BMC took active measures to deal with Curative’s lawsuit and consulted YUHONG Intellectual Property Law Firm (hereinafter referred to as “YUHONG”) on the patent in dispute. After carrying out comprehensive research and analysis, YUHONG concludes that the stability of the patent right of No. ZL200610080596.6 has serious problems. According to Article 47 of the Patent Law of the PRC, “any patent right that has been declared invalid shall be deemed to be non-existent from the beginning.” At present, the Chinese Patent Re-examination Board has accepted BMC’s invalidity application against the patent at issue. Meanwhile, BMC has hired a professional team of patent lawyers to respond to, and cope with, this lawsuit so as to protect the company’s legitimate rights.

As China’s leading provider of home-use sleep therapy devices and services, BMC adheres to the mission of efficient product research and development as well as constant technology innovation, quality improvement, and cost reduction. It now possesses a large number of independently developed intellectual property rights, and its products have been sold to more than 80 countries across the world. BMC aims to become the world’s leader of home-use sleep therapy devices and services. For more information about BMC, please visit http://www.bmc-medical.com.

 

Rwanda seizes Tribert Rujugiro Ayabatwa’s investment in tea sector and private residence: UTC Founder

JOHANNESBURG, July 7, 2014 /PRNewswire/ — Rwanda government seized Tribert Rujugiro Ayabatwa’s shares in Nshili Kivu Tea Factory (NKTF) on 25 June 2014. The Commission of Abandoned Properties in Nyaruguru District instructed NKTF to deposit any monies or any other benefits due to Ayabatwa in the District’s own bank account for “safekeeping.” By this action, government replaced Ayabatwa as shareholder in NKTF.

In a separate development, the Rwandan authorities seized Ayabatwa’s personal residence in Gikondo, Kigali. In this case, the Rwandan police forced their way into the property, ejected security and staff, and installed their own personnel. This private residence has since been converted into a bar and lodge.

Government claims that Ayabatwa’s assets were taken over because they were abandoned since he does not reside in Rwanda. As Ayabatwa explains, however, this assertion is contrary to Rwandan and universal laws that protect shareholders regardless of whether they are domiciled inside or outside their native countries. “Rwanda seems to be saying that no investor residing outside the country may own shares in Rwandan-based companies – or to be more precisely, a native Rwandan not currently living in his/her homeland may not own assets of any kind in his/her country.”

David Himbara, Senior Advisor to Ayabatwa, agrees that Rwanda’s U-Turn from protecting investors to seizing their assets is troubling and globally recognised as a bad sign. Himbara cites the US State Department’s “Rwanda 2013 Human Rights Report” which lists, among other governmental abuses of power, the illegal takeover of the Union Trade Centre (UTC), Ayabatwa’s US$20 million shopping mall.

In light of seizure of Ayabatwa’s shares in NKTF, confiscation of his private residence and turning it into a bar/lodge, and illegal takeover of UTC, Rwandan supporters, including the United States which is Rwanda’s largest donor, have good reason to worry. Rwanda’s earlier progressive reforms for improving doing business environment, are being be replaced by unpredictable behaviour that renders Rwanda high risk for doing business. This reality puts into question Rwanda’s willingness to wean off aid by building a viable private sector that generates inclusive economic growth and development.

Ayabatwa is a native Rwandan and successful Pan African businessman with interests throughout Africa in cement, real estate, food processing, banking and tobacco. For more information about Ayabatwa, his businesses and philanthropy, go to: http://tribertrujugiro.com/.

For further information:
Media Contact: David Himbara, ptgpr@fastmail.fm

Consumers Who Bought Gray Line or CitySights “Hop-On, Hop-Off” Bus Tours in New York City Could Get a Refund Up to $20 Per Ticket

NEW YORK, July 7, 2014 /PRNewswire/ — The following is being released by the law firm of SUSMAN GODFREY LLP.

There is a $19 million settlement with Twin America, LLC, Coach USA, Inc., International Bus Services, Inc., CitySights LLC, and CitySights Twin, LLC (together called the “Defendants”).

The lawsuit pending in federal court in New York City claims that Coach and CitySights conspired to form a joint venture, Twin America, against state and federal law.  The lawsuit claims that this new company dominated the “hop-on, hop-off” bus tour business in New York City enabling the Defendants to fix ticket prices and reduce competition – resulting in higher ticket prices for customers. The Defendants deny that they did anything wrong.

Generally, the settlement includes anyone who bought Gray Line or CitySights “hop-­on, hop-off” bus tours in New York City from February 1, 2009 until June 16, 2014.

The Settlement Fund will pay:

  • Consumers up to $20 per eligible Hop-On, Hop-Off ticket. 
  • The cost to administer the settlement as well as attorney fees and the payments to the Class Representatives.

If there is any money left in the Settlement Fund after claims, costs, and taxes have been paid, it will be given to the Department of Justice, Antitrust Division, and/or the New York Attorney General’s Office.

Important Information

  • Consumers must file a claim online or by mail no later than January 19, 2015 to receive payment.
  • Consumers who do nothing will not get a payment and give up the right to sue.
  • Consumers who want to keep the right to sue the Defendants must exclude themselves by September 5, 2014.  
  • Consumers who stay in the settlement can object to it by September 5, 2014.
  • The Court will hold a hearing in this case on October 20, 2014, to consider whether to approve the settlement and a payment of attorneys’ fees up to one-third of the Settlement Fund, plus reimbursement of expenses, and a special service payment of $20,000 each to two Class Representatives.

For more information about the settlement or to get a claim form, visit www.TourBusSettlement.com or call 1-866-431-9265.