On September 19, 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 Mask Systems and Components Thereof (Inv. No. 337-TA-1022).

By way of background, this investigation is based on an August 17, 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 by way of unlawful importation into the U.S., selling for importation, and/or selling 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 and 9,119,931. See our August 19, 2016 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Fisher & Paykel Healthcare Limited of New Zealand, Fisher & Paykel Healthcare, Inc. of Irvine, California, and Fisher & Paykel Healthcare Distribution Inc. of Irvine, California as the respondents. The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not be a party to this Investigation.

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