U.S. International Trade Commission Judge Sides with 3B/BMC in Determining that ResMed Masks Lack U.S. Manufacturing Content

WINTER HAVEN, Fla., Dec. 02, 2016 -- 3B Medical, Inc. announces that an Administrative Law Judge of the United States International Trade Commission has issued an Initial Determination that ResMed (RMD) failed to satisfy the domestic industry requirement for patents relating to its CPAP masks and nasal pillow products, manufactured in Australia, Singapore and Malaysia. Gary Hnath of Mayer Brown, counsel for 3B/BMC, successfully argued that ResMed did not demonstrate sufficient U.S. content to obtain protection under Section 337 because “ResMed has not demonstrated that the value added by the alleged activities in the U.S. is significant compared to the overall manufacturing cost".

As a result of the decision, the ALJ found no violation of any of the asserted mask patents by 3B/BMC, resulting in a total victory for 3B/BMC in the ITC’s investigation.  ResMed previously abandoned its appeal of the ITC’s finding that ResMed’s patent on its CPAP humidifier was invalid.

About 3B:
3B Medical is a leader in the development, marketing and distribution of medical products for the treatment of sleep disordered breathing and oxygen therapy.

Contacts: For News Media

Rebecca Velazquez
3B Medical, Inc. 
799 Overlook Drive
Winter Haven, FL 33884
Email: [email protected] 
Tel: (863) 226-6285 ext. 108