ResMed wins German court injunction against two respiratory device patent rivals

Respiratory device company ResMed secured preliminary injunctions in Germany against two rivals based in mainland China and Taiwan in what has become a global patent fight.

The San Diego company said that the initial orders in Munich District Court prevent Taiwan's APEX Medical and China's BMC Medical from selling or marketing a number of sleep apnea devices, mask headgear and related equipment because of the patent dispute. ResMed is also suing both companies in Munich, seeking damages and permanent injunctions to prevent the alleged patent infringement.

Earlier this year, ResMed filed legal actions with the International Trade Commission and U.S. federal court against BMC, APEX, and APEX's U.S. distributor Medical Depot, seeking damages, plus an order to stop the U.S. importation and sale of the disputed products. While the BMC proceedings are ongoing, ResMed said the International Trade Commission issued a consent decree against APEX granting ResMed's request.

Why the aggressive action? ResMed has gone global and is trying to protect its now-lucrative business.

"ResMed has a global business built on its investment in research and development," David Pendarvis, ResMed's global general counsel and chief administrative officer, said in a statement. "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."

There's plenty of money at stake. ResMed booked $357.7 million in net revenue during its 2013 third quarter, up 5% over the $339.7 million in revenue generated the previous year. Net income nearly hit $81 million, a large spike over $71.3 million in net income produced during the 2012 third quarter.

- read the release

BD&L Summit

Deal-Making Insights for the Life Sciences Industry

Bringing together key deal-makers and serving as an open forum for cross-functional business development and legal teams to share valuable insights and actionable strategies on successfully managing alliances, licensing agreements, and M&A deals.