On August 17, 2016, ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia (collectively, “ResMed”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that Fisher & Paykel Healthcare Limited of New Zealand, Fisher & Paykel Healthcare, Inc. of Irvine, California, and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California (collectively, “FPH”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain sleep-disordered breathing treatment mask systems and components thereof that infringe one or more claims of U.S. Patent Nos. 8,960,196 (the ‘196 patent) and 9,119,931 (the ‘931 patent) (collectively, the “asserted patents”).
According to the complaint, the asserted patents generally relate to mask systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea. In particular, the ‘196 patent relates to a mask system for delivering breathable gas to a patient. The ‘931 patent relates to a mask system for treatment of sleep-disordered breathing via the delivery of a supply of air at positive pressure into the patient’s airway.
In the complaint, ResMed states that FPH imports and sells products that infringe the asserted patents. The complaint specifically refers to FPH Simplus mask systems as infringing products.
Regarding domestic industry, ResMed states that its Quattro FX, Quattro FX for Her, Quattro Air, Quattro Air for Her, AirFit F10, and AirFit F10 for Her mask systems practice the asserted patents. ResMed further states that it conducts extensive activities in the U.S. relating to its domestic industry products. ResMed specifically refers to facilities in California, Georgia, and Colorado where it conducts such activities. ResMed cites to a confidential exhibit for additional details on its domestic industry.
With respect to potential remedy, ResMed requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.