On March 28, 2013, 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 Apex Medical Corp. of Taiwan and Apex Medical USA Corp. of Brea, California (collectively, “Apex”) and Medical Depot Inc. d/b/a Drive Medical Design & Manufacturing of Port Washington, New York (“Drive”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain sleep-disordered breathing treatment systems and components thereof that infringe one more claims of U.S. Patent Nos. 7,159,587 (the ‘587 patent), 7,487,772 (the ‘772 patent), 7,997,267 (the ‘267 patent), 7,743,767 (the ‘767 patent), 6,216,691 (the ‘691 patent), 6,935,337 (the ‘337 patent), and 7,614,398 (the ‘398 patent) (collectively, the “asserted patents”).

According to the complaint, the asserted patents generally relate to sleep-disorder breathing treatment systems.  In particular, the ‘587 patent relates to a vent assembly for use with a respiratory mask of the type used in a Continuous Positive Airway Pressure (CPAP) machine.  The ‘772, ‘267, and ‘767 patents relate to a respiratory mask assembly for delivering breathable air to a patient.  The ‘691 patent relates to a mounting body for mounting a flow generator assembly inside an external housing.  Lastly, the ‘337 and ‘398 patents relate to a humidifier for humidifying air in a CPAP system.

In the complaint, ResMed states that Apex and Drive import and sell products that infringe the asserted patents.  The complaint specifically refers to the Apex WiZARD 210, WiZARD 220, XT Fit, iCH Auto, and XT Humidifier as infringing products.  Additionally, the complaint states that Drive imports the Apex WiZARD 210 and WiZARD 220 and rebrands them as the Freedom 210 and Freedom 220, respectively.

Regarding domestic industry, ResMed states that various components of its SDB treatment systems are protected by the asserted patents.  ResMed further states that it conducts significant domestic industry activities in the U.S. relating to products that practice the asserted patents.  According to the complaint, these activities include research and development, packaging, education, training, sales, customer support, and warranty and repair services.  ResMed also refers to significant investments in U.S. facilities where work relating to products that practice the asserted patents is performed, including facilities in California and South Carolina.

As to related litigation, ResMed states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint in the U.S. District Court for the Central District of California alleging that Apex and Drive infringe the asserted patents.

With respect to potential remedy, ResMed requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Apex and Drive.