On April 26, 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-879).

The investigation is based on a March 28, 2013 complaint and April 19, 2013 letter supplementing the 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 more claims of U.S. Patent Nos. 7,159,587; 7,487,772; 7,997,267; 7,743,767; 6,216,691; 6,935,337; and 7,614,398.  See our March 29, 2013 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Apex Medical Corp. of Taiwan and Apex Medical USA Corp. of Brea, California and Medical Depot Inc. d/b/a Drive Medical Design & Manufacturing of Port Washington, New York as the respondents in this investigation.

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