On August 19, 2013, the U.S. International Trade 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-890).

The investigation is based on a July 19, 2013 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 one or more claims of U.S. Patent Nos. 7,997,267; 7,614,398; 7,938,116; 7,341,060; 8,312,883; 7,178,527; 7,950,392; and 7,926,487.  See our July 22, 2013 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, L.L.C. of Lake Wales, Florida as the respondents in this investigation.

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