ResMed Sues APEX Medical for Patent Infringement Relating to Respiratory Masks

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ResMed Incorporated has filed a new lawsuit against APEX Medical Corporation and other defendants.  The lawsuit alleges infringement of several patents, including U.S. Patent No. 7,159,587, entitled “Respiratory Mask Having Gas Washout Vent And Gas Washout Vent Assembly For Respiratory Mask.”

According to the Abstract, the ‘587 Patent relates to “a vent assembly suitable for use with a respiratory mask of the type used in CPAP treatment. In one embodiment the vent is made of a thin air permeable membrane.”  Figure 1 from the ‘587 Patent is shown below:

According to the ‘587 Patent, Figure 1 illustrates a “gas washout vent constituted by an opening 26 in the shell 12 across which extends a thin air permeable membrane 28.”  ‘587 Patent, col. 4, lines 41-43.  The ‘587 Patent states that, “[l]ocating the vent in the mask shell results in an improvement in the minimization of CO2 retention within the mask compared to locating the vent as an inline mask component.”  ‘587 Patent, col. 7, lines 5-7.

ResMed alleges that APEX Medical’s WiZARD branded masks infringe the ‘587 Patent.  The complaint and asserted patents are available here.

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