ResMed, 3B Medical end ‘very long battle’

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Monday, January 23, 2017

SAN DIEGO and WINTER HAVEN, Fla. – ResMed and 3B Medical have agreed to settle years of litigation, the two companies announced Jan. 21.

Per the five-year settlement, 3B Medical and its parent company, Beijing-based BMC, will be permitted to sell their existing products in exchange for making royalty payments to ResMed.

For its part, ResMed will make a one-time payment to 3B Medical to close ongoing litigation between the two companies in Florida.

“This agreement brings a very long battle with ResMed to a final conclusion and allows all of our companies to focus on developing great products to service the needs of our patients,” said James Xu, general manager of BMC, in a press release.

Additionally, the settlement resolves all pending litigation before the U.S. International Trade Commission, lawsuits pending in district court in Florida and California, foreign litigation in China and Germany, and validity challenges pending in various patent offices around the world.

ResMed says the settlement will allow the company to “avoid the distraction and ongoing expense of continued litigation.”

“We are pleased to bring our litigation with BMC and 3B to a resolution and to have our intellectual property and patents recognized through this settlement,” said David Pendarvis, global general counsel for ResMed, in the release. “This agreement allows us to continue the important work we are doing for the patients and providers who count on us.”

ResMed and BMC/3B Medical having been volleying legal charges back and forth for years. At the crux of the battle: ResMed’s patent on its CPAP humidifier, and whether or not it was valid and whether or not 3B Medical was violating it with its own humidifier.