- Settlement ends all existing claims between ResMed and
BMC/3B Medical
- BMC and 3B will pay royalties to ResMed
- ResMed makes one-time payment to 3B to resolve
Florida litigation
SAN DIEGO, Jan. 23, 2017 /PRNewswire/ -- ResMed (NYSE:
RMD), BMC (Beijing, China) and 3B
Medical (Winter Haven, Florida)
today announced they have agreed on a global settlement of all
litigation between the parties. BMC and 3B will be permitted to
sell their existing products in exchange for royalty payments to
ResMed, and ResMed will make a one-time settlement payment to 3B to
close the Florida litigation
between the two parties. The settlement did not include an
admission of liability or wrongdoing by any party.
The five year agreement between the three companies resolves all
pending litigation before the U.S. International Trade Commission,
lawsuits pending in district court in Florida and California, foreign litigation in China and Germany, and validity challenges pending in
various patent offices around the world.
"We are pleased to bring our litigation with BMC and 3B to a
resolution and to have our intellectual property and patents
validated through this settlement," said David Pendarvis, ResMed's Global General
Counsel. "For 28 years, ResMed has stood strong in its commitment
to innovate and develop products and solutions that exceed the
needs of our HME customers and the patients we serve together. This
agreement validates the important work we will continue doing for
the patients and providers who count on us to provide the best
products for treating the world's most serious respiratory
conditions. And it allows us to avoid the distraction and ongoing
expense of continued litigation."
"We are equally pleased to bring global litigation with ResMed
to a resolution. The litigation was necessary to insure that the
market for sleep disordered breathing products remained open to
competition and validated 3B Medical's right to innovate and
provide alternative solutions to the sleep disordered breathing
marketplace," said Alex Lucio,
Executive Vice President of 3B Medical.
"BMC continues to develop its own portfolio of intellectual
property as one of the global manufacturers in the sleep disordered
breathing market. We continue to fund research and development and
bring new products to market. This agreement brings a very long
battle with ResMed to a final conclusion and allows all of our
companies to focus on developing great products to service the
needs of our patients," said James
Xu, General Manager of BMC Medical.
About ResMed
ResMed (NYSE: RMD) changes lives with
award-winning medical devices and cutting-edge cloud-based software
applications that better diagnose, treat and manage sleep apnea,
chronic obstructive pulmonary disease (COPD) and other chronic
diseases. ResMed is a global leader in connected care, with more
than 2 million patients remotely monitored every day. Our
5,000-strong team is committed to creating the world's best
tech-driven medical device company – improving quality of life,
reducing the impact of chronic disease, and saving healthcare costs
in more than 100 countries.
About BMC/3B Medical
BMC/3B Medical is a global leader
in the research and development, manufacturing and marketing of
medical products for the diagnosis, treatment and management of
sleep disordered breathing.
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