Tag: Apex Medical
In brief: F2F audits must wait, ResMed resolves patent dispute
September 5, 2014HME News Staff
WASHINGTON - CMS has instructed its contractors not to retrospectively audit providers for compliance with the face-to-face requirement. The news comes via an Aug. 20 letter sent by CMS Administrator Marilyn Tavenner to Rep. David Roe, R-Tenn., who inquired about audit activities related to the requirement after meeting with members of ATHOMES. “The delay in enforcement on the face-to-face encounter requirements applies to reviews conducted by the DME MACs, Recovery Auditors, the Zone Integrity...
ResMed, Apex Medical resolve patent disputes
September 5, 2014HME News Staff
SAN DIEGO and TAIPEI, Taiwan - ResMed and Apex Medical have agreed to a confidential settlement that resolves their outstanding patent disputes.Per the agreement, Apex has the right to sell and import globally its Wizard masks, and its XT and iCH glow generators. It has agreed to dismiss all validity challenges to ResMed patents pending in the United States, Europe, Germany, Japan and China.ResMed has agreed to dismiss pending litigation against Apex's products.The two companies didn't provide any...
ResMed gets permanent injunction against Apex in Germany
July 29, 2014HME News Staff
SAN DIEGO - ResMed announced this week that it has won a permanent injunction in Germany against Taiwanese medical device manufacturer Apex Medical, prohibiting sales of infringing headgear used on Apex's Wizard 210 and 220 masks. The judgment, entered by the Regional District Court in Munich, can be appealed. The permanent injunction continues a preliminary injunction that was entered by the same court in November 2013. The judgment also requires Apex to forfeit its inventory of infringing products,...
In brief: Judge delivers mixed ruling, NSM names president
July 25, 2014HME News Staff
SAN DIEGO and BREA, Calif. - An International Trade Commission (ITC) ruled July 18 that the humidifier in Apex Medical's iCH CPAP device infringes on ResMed patents, according to a press release from ResMed. Apex Medical had argued that it had redesigned the humidifier so that it no longer infringed on ResMed patents, the release states. “As a result, Apex should continue to be banned from selling the iCH humidifier in the United States,” ResMed states in the release. In its own press...
ITC delivers mixed ruling for ResMed, Apex
July 22, 2014HME News Staff
SAN DIEGO and BREA, Calif. - An International Trade Commission (ITC) ruled July 18 that the humidifier in Apex Medical's iCH CPAP device infringes on ResMed patents, according to a press release from ResMed.Apex Medical had argued that it had redesigned the humidifier so that it no longer infringed on ResMed patents, the release states.“As a result, Apex should continue to be banned from selling the iCH humidifier in the United States,” ResMed states in the release.In its own press release,...
In brief: AAH collects funds, Senate green-lights HHS chief
June 6, 2014HME News Staff
WASHINGTON - AAHomecare has kicked off a campaign to raise $250,000 in the next two years to develop and launch HME Audit Key, a tool to track audit activity. “This is a massive, long-term project that will benefit the entire industry and AAHomecare is committed to making sure it is provided with the resources it needs to succeed,” the association stated in a bulletin to members last week. Members of AAHomecare's executive committee and board of directors, along with The VGM Group...
Apex vows to continue legal battle
June 6, 2014HME News Staff
BREA, Calif. - Apex Medical will appeal an International Trade Commission (ITC) judge's ruling that the water chambers in the humidifiers of its XT and iCH CPAP devices infringe on a ResMed patent, the company announced today.“We believe that this litigation has always been about something much more important to Apexthan the design of a water chamber,” stated President PJ Hsueh. “Apex offers an affordable yet high quality alternative to the market. Some larger corporations may attempt...
Judge protects ResMed patent
June 5, 2014HME News Staff
SAN DIEGO - An International Trade Commission (ITC) judge has ruled that Taiwanese manufacturer Apex infringes a ResMed patent protecting an integrated humidifier used in its CPAP devices.
Per the June 4 ruling, Apex can no longer import or sell its XT and iCH CPAP devices with these humidifiers in the U.S.
“This ITC victory is validation that our customers should not accept imitations,” stated David Pendarvis, chief administrative officer and global general counsel at ResMed, in...
Patent case nears trial
April 2, 2014HME News Staff
SAN DIEGO - Just ahead of a trial, ResMed has dropped one of its patent infringement claims against BMC Medical/3B Medical, according to BMC/3B Medical.
ResMed voluntarily withdrew the patent from investigation after an International Trade Commission (ITC) administrative law judge issued a ruling that restricted the scope of its claims, according to a release.
ResMed in May 2013 filed a lawsuit against BMC and announced several months later that the ITC had agreed to investigate theChinese...
Gov't agrees to re-examine ResMed patents
February 26, 2014HME News Staff
SAN DIEGO - The U.S. Patent and Trademark Office has agreed to re-examine five ResMed patents in response to challenges filed by Apex Medical, the manufacturer has announced. Apex had filed challenges against ResMed in August 2013 for six patents related to CPAP machines and masks. It's the latest move in an ongoing patent battle between ResMed and Apex. On Feb. 19, Apex filed challenges to four patents in European and German patent offices. In November, ResMed won preliminary injunctions in Germany...