Apex Medical Corp (雃博) said yesterday that the US International Trade Commission ruled last week that its Wizard 220 facial mask and XT continuous positive airway pressure (CPAP) machines do not infringe on the patents of US-based ResMed Inc.
That means the two devices to treat sleep apnea can be sold in the US, the local medical supplies producer said.
However, the commission also ruled that the Taiwanese firm’s water tank design for its iCH series CPAP machine infringed on ResMed’s patents.
Australia-based ResMed manufactures products for sleep-apnea breathing therapy.
The rulings issued on Friday last week were the final judgement made by the commission and the two companies cannot appeal, Apex Medical deputy spokesperson Joan Wang (王家蘭) said by telephone.
Wang said the company would immediately launch its XT CPAP machines and Wizard 220 facial mask in the US, and launch its iCH series CPAP machine there in October, after it makes modifications to the design of the water tank of the machine.
Meanwhile, the firm is still in the process of attempting to invalidate ResMed’s five patents in the US Patent and Trademark Office, Wang said. The company said the results of its lawsuit are expected in the beginning of next year.
From January through last month, the company posted revenue of NT$1.17 billion (US$39.02 million), up 17.87 percent from NT$992.69 million a year ago, which Wang attributed to new products for sleep apnea.
The company has yet released its earnings results for the second quarter. In the first quarter, the company reported a net profit of NT$56.73 million, or NT$0.68 per share, up 37 percent from NT$41.41 million, or NT$0.49 per share a year ago.
Wang said the company estimated that its litigation costs this year would be less than the NT$70 million posted last year.
Shares of Apex Medical dropped 2.24 percent to NT$56.7 yesterday, underperforming the benchmark TAIEX, which was up 0.43 percent.
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