Apex is Clearing Patent Threats Away
Feb 24, 2014－ Taipei, Taiwan
Apex Medical Corporation (Apex, TWSE: 4106) a leading player in the Respiratory Therapy and Pressure Area Care sectors, announced that the United States Patent and Trademark Office (USPTO) agreed on February 20, 2014 to reexamine the validity of five patents of ResMed, an Australia-based provider of sleep-disorder treatment products, which were asserted in patent litigation involving Apex.
Apex has filed challenges in August 2013 against the validity of six of ResMed’s patents through a proceeding, namely, the inter partes review, administered by the USPTO. The patents are related to ResMed’s technology for continuous positive airway pressure (CPAP) machines and CPAP-complimentary masks.
Among the six cases filed to the USPTO, five of them are instituted based on the invalidity evidence submitted by Apex. The one left not instituted because ResMed have surrendered the patent.
All the six patents were asserted in a Section 337 investigation conducted by the United States International Trade Commission (USITC). The USITC has terminated the investigation pursuant to a consent decree.
“We are making big steps in removing threat of patents,”said Daniel Lee, the President of Apex. And we are determined to clear away any invalid or trivial patents that could impede access to our products,”Lee said. “Apex’s new products are innovative in terms of design, efficiency, and quietness, and we have been receiving positive feedbacks from the users. We feel proud of our research and development capabilities and will keep supplying innovative as well as cost-efficient CPAP-related products to help improve the life quality of the patients suffering from sleep obstructive apnea.”