BMC Medical Co., Ltd. and 3B Medical, Inc. are pleased to announce that ResMed (RMD) has dropped one of the patents initially asserted against BMC and 3B, U.S. Patent No. 7,938,116 ("the '116 patent"), in the pending investigation before the U.S. International Trade Commission under  Section 337. Following a ruling by the ITC's Administrative Law Judge restricting the scope of the asserted claims of the '116 Patent, ResMed voluntarily withdrew the patent from the investigation. 

 

The ITC confirmed that the '116 Patent was dropped from the case in a Notice issued on March 11, 2014. 

 

In addition, ResMed has confirmed that a number of the product designs introduced by BMC and 3B in the ITC investigation are not alleged to infringe its patents. 

 

The case is scheduled to go to trial on April 10, 2014. BMC and 3B will continue to  

aggressively defend against ResMed's allegations and look forward to a successful conclusion to the ITC's investigation. The current target date for the ITC to issue its final determination is December 23, 2014.