ResMed Takes CPAP Patent Fight Back To ITC
This article was originally published in The Gray Sheet
The continuous positive airway pressure manufacturer lost a 2013 patent case against BMC when its humidifier patent was ruled invalid due to prior art, but it’s now filed a fresh claim asserting a new and more narrowly tailored patent.
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The US International Trade Commission has agreed to investigate ResMed’s complaint that a New Zealand company and its American subsidiaries are illegally importing and selling sleep masks that violate ResMed patents.
The addition of the question “Was this device serviced by a third party servicer?” to adverse event reports filed through the US FDA’s electronic Medical Device Reporting system could prove helpful for the agency and device makers, experts tell Medtech Insight. Industry has long complained about poor work performed by servicers – and loudly groused that they’re not regulated.
Attorneys tell Medtech Insight a recent proposal to review regulations every 10 years could lift some burdens from the medical device industry, but warned that the full effects may not be seen for some time.