ResMed seeks to dismiss ITC investigation, but plans to refile
Medical device company ResMed has filed a motion to dismiss its International Trade Commission (ITC) complaint against New Zealand-based Fisher & Paykel.
Fisher & Paykel was under ITC investigation for the import of sleep-disordered breathing treatment mask systems.
However, ResMed has now revealed plans to refile its complaint and will incorporate additional evidence generated since the original complaint was filed.
ResMed said in a press release, issued yesterday, that it believes that refiling the case will make the case even stronger.
It added: “We're committed to protecting our innovation, which is why we've engaged in global legal proceedings with Fisher & Paykel.”
The ITC announced in September last year that it would institute an investigation based on a complaint filed by ResMed in August the same year.
The complaint alleged violations of the Tariff Act 1930 in the importation into the US and sale of the masks that infringe some of ResMed’s patents.
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