21 June 2022Medtech

CleveMed sues ResMed over patent infringement

Ohio-based Cleveland Medical Devices (CleveMed) has accused ResMed of infringing patents through the sale of devices and software for the testing and treatment of sleep-disordered breathing or apnea.

In a  suit filed on Thursday, June 16, at the US District Court for the District of Delaware, CleveMed alleged that ResMed’s products in its home sleep testing solution and positive airway pressure solution infringed eight patents.

CleveMed said that it has now been awarded 37 patents that disclose “novel technologies” for sleep apnea diagnosis and follow-up, as well as therapy procedures and applications.

“These technologies are now central to the outcome-based initiatives the healthcare industry is initiating to manage chronic diseases,” said CleveMed.

According to the claim, beginning in 2017, CleveMed had several meetings with ResMed’s vice president of patents and chief patent counsel to explore partnership opportunities.

“During these conversations, CleveMed provided ResMed an overview of its patented technology and discussed its issued and pending patents, including many of the asserted patents. Pursuant to these conversations, ResMed requested that CleveMed keep ResMed up-to-date with any new developments concerning CleveMed’s patented technology,” said the suit.

ResMed also allegedly had discussions with CleveMed about licensing CleveMed’s technology and patents.

The suit added: “CleveMed is informed and believes that, despite ResMed’s notice and knowledge of the asserted patents and CleveMed’s patented technology, ResMed made the deliberate decision to sell products and services that it knew infringes CleveMed’s asserted patents.”

CleveMed added that despite knowledge and/or wilful blindness of the patents, ResMed acted with “blatant and in egregious disregard” for CleveMed’s patent rights.

In addition to asking the court to find infringement of the eight patents, CleveMed has asked the court for injunctive relief, damages and an account of all infringing sales and revenues.

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