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New IPR Infringement Investigation of Breathing Treatment Systems

Monday, April 29, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has instituted investigation 337-TA-879 to determine whether imports of certain medical systems used in the treatment of sleep-disordered breathing, particularly obstructive sleep apnea, are violating Section 337 of the 1930 Tariff Act by reason of patent infringement.

Complainants ResMed Corp., ResMed Inc. and ResMed Ltd. request that after this investigation the ITC issue an exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of the infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Taiwan and the U.S.

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