Apex Embarks on Counter Actions Against ResMed in Europe
Feb 19, 2014,－Düsseldorf, Germany
Apex Medical Corporation (APEX), TWSE：4106) a leading player in the Respiratory Therapy and Pressure Area Care sectors issues the following press release:
Apex announced at a press conference held on February 19, 2014 in Düsseldorf, Germany, that it has initiated
challenges to four ResMed patents before the EPO and the German Federal Patent Court as well as the German Patent and Trade Mark Office. The ResMed patents being challenged include those ResMed asserted against Apex in Germany in November 2013.
The actions started in Europe are subsequent to Apex’s assault launched in August 2013 in the United States on several ResMed patents, which ResMed relied upon to sue competitors such as Apex and other manufacturers. Apex requested the US Patent and Trademark Office to reconsider and reexamine the validity of 6 US patents of ResMed through the ‘inter partes’ review process. The cases are currently pending before USPTO.
In September 2013 APEX introduced new sleep-disorder therapy products, including new iCH series and XT series continuous positive airway pressure (CPAP) machines and Wizard 210 and Wizard 220 masks. These products have been cheered by the customers and users for the enhancements in clinical effectiveness, user friendliness, and design.
“We believe that patients who have been diagnosed and suffer with obstructive sleep apnea should have the freedom to access high quality, reliable and cost efficient CPAP product solutions,” said Mr. Jon Jauregui, the Managing Director of Apex Medical Europe. However, the patients and their providers may have been prevented from accessing such alternatives by invalid or trivial patents. Jon Jauregui further added, “Our efforts in challenging these patents will benefit a competitive and healthy market. Competition is what drives market forces with the end result ultimately benefitting the end-user.” At the conference, Apex also disclosed its intention to challenge junk patents in all major markets on a continuous basis to free up competition.
Jon Jauregui reiterated to the press that it is the Apex policy that lawful intellectual property should be respected and commented “Apex has dedicated their efforts and focus over the last decade to providing and delivering inventive and reasonably-priced CPAP-related products into the market. We are determined to fight against any harassment with regard to invalid patents being served upon us.”
Apex Medical Europe