On May 13, 2016, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-997).

By way of background, this investigation is based on an April 14, 2016 complaint filed by ResMed Corp. of San Diego, California, ResMed Inc. of San Diego, California, and ResMed Ltd. of Australia alleging violation of Section 337 in the importation into the U.S. and sale of certain sleep-disordered breathing treatment systems and components thereof that infringe—or are made, produced, or processed by a process that infringes—one or more claims of U.S. Patent Nos. RE44,453; 8,020,551; 8,006,691; and 9,072,860. See our April 15, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified BMC Medical Co., Ltd of China, 3B Medical, Inc. of Lake Wales, Florida, and 3B Products, LLC of Lake Wales, Florida as the respondents. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Bullock issued a notice indicating that MaryJoan McNamara will be the presiding Administrative Law Judge in this matter.