SAN DIEGO, Jan. 20, 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 recognized
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 allows us to continue the important work we are
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 settlement allows 3B Medical 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 Medical/3B
3B/BMC 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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