BMC Wins in a Patent Invalidity Case Against ResMed (Stock Code: RMD)

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Apr 23, 2014, 10:00 ET

BEIJING, April 23, 2014 /PRNewswire/ -- BMC Medical Co., Ltd (in the following: BMC) announces that BMC has initiated invalidity proceedings in China against five ResMed's patents before the Chinese Patent Re-examination Boards (PRB) in October 2013. The oral proceedings of four cases have taken place. One of the patent No. 200680002169.4 entitled "Cushion for patient interface" has been revoked entirely by the PRB on April 22, 2014. Other cases are still pending.

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In Germany, ResMed has decided to pursue BMC in November 2013 for alleged infringement of the German part of ResMed's three European patents. It filed suit on the merits and -- upon a respective motion - was granted with preliminary injunctions. BMC has defended its position actively since then. Consulted with its lawyers, BMC believes, that pursuing the case relating to the EP 0 661 071 patent is no longer economically meaningful, as this patent expires late November 2014.

After consulting with its lawyers in the other two German patent infringement cases, BMC strongly believes that the other two patents are neither valid nor infringed by its RESmart and Fealite (Willow) products. Therefore, BMC will actively response to the suits. The respective hearings in which the Court will decide on the infringement suits have been scheduled for fall this year.

BMC is the leading manufacturer, supplier and service provider of respiratory devices for home use in China and is considered by ResMed as one of its major competitors worldwide. Patent infringement suits are pending between both companies in the USA, Germany and China.

SOURCE BMC Medical Co., Ltd.