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ResMed Wins Initial Decision in ITC Patent Infringement Action

Judge Finds Nine BMC Products Infringe ResMed Patents

Judge Recommends Excluding U.S. Sale of BMC Masks and BMC Humidifier

SYDNEY and SAN DIEGO, Aug. 25, 2014 /PRNewswire/ -- An administrative law judge at the International Trade Commission (ITC) ruled Friday August 22 in a patent infringement case brought by ResMed (NYSE: RMD) against Chinese medical device manufacturer BMC Medical Co., Ltd., that each of nine BMC products named in the action infringes one or more ResMed patents.  As a result, ITC Judge Thomas Pender recommended that the ITC ban BMC and its U.S. distributor, 3B Medical, from importing or selling any of the infringing BMC products in the United States.  Judge Pender also recommended a cease and desist order that would enjoin BMC and 3B from selling, advertising, marketing, storing or testing the infringing products in the United States.  ResMed is the innovation leader and pioneer in designing and manufacturing devices for the treatment of sleep-disordered breathing.

Judge Pender found that BMC's InH2 humidifier, as well as original and redesigned versions of the following BMC masks infringe ResMed's patents:

  • iVolve nasal mask
  • iVolve N2 nasal mask
  • Willow nasal pillows mask
  • iVolve full face mask

"The Judge's decision is not just a victory for ResMed and the product innovation that is core to our brand, but it's also a win for patients who deserve high quality, comfortable care," said David Pendarvis, ResMed chief administrative officer and global general counsel. "We will continue innovating and continue protecting our intellectual property anywhere we identify infringement."

About ResMed:
ResMed changes lives by developing, manufacturing and distributing medical equipment for treating, diagnosing, and managing sleep-disordered breathing, COPD, and other chronic diseases. We develop innovative products and solutions to improve the health and quality of life of those who suffer from these conditions, and we work to raise awareness of the potentially serious health consequences of untreated sleep-disordered breathing. For more information on ResMed, visit www.resmed.com.

Contacts:


For News Media

For Investors

Gretchen Griswold

Agnes Lee

Director, Global Corporate Communications

Senior Director, Investor Relations

O: +1-858-836-6789

O: +1-858-836-5971

news@resmed.com

investorrelations@resmed.com

Logo - http://photos.prnewswire.com/prnh/20140310/LA79234LOGO-a

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Occlutech Wins Invalidation of St Jude Patent

JENA, Germany, July 23, 2014 /PRNewswire/ -- Occlutech, a leading European developer of minimally invasive implants for therapy in structural heart disease, today announced that it has successfully obtained a ruling by the U.K. Patents Court in the High Court of Justice in London, that invalidates AGA/St Jude's patent -EP0957773B1 in the UK.

This decision is similar in effect to a decision obtained by the Opposition Division of the European Patent Office, (EPO), in Munich for the same patent already in December 2013. The EPO decision revoked the patent in its entirety as it extended beyond the application as filed and the UK ruling states that the patent is invalid due to public prior use of devices supplied by the inventors before the priority date of the patent. Both rulings are subject to appeal by AGA/St Jude.  

AGA/St Jude started litigation against Occlutech for infringing the 0957773 patent in the UK and in Germany already in 2011. While the U.K. court continued proceedings towards the present judgment, the German district court in Düsseldorf chose to stay proceedings until the EPO having taken a final decision on the validity/invalidity of the patent.

Occlutech's CEO Tor Peters says, "Obviously, we are very happy to, again, get confirmation that we are not infringing any issued and valid patent held by our competitor. Our aim is to develop superior, patented, life-saving implants that make a difference to physicians and patients and we look forward to move this process forward."

Occlutech has a manufacturing plant in Germany as well as R&D facilities in Sweden and Turkey. Implants such as ASD, PFO and PDA occluders as well as a large range of accessories from Occlutech are available in more than 80 countries.

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Apex Medical’s Respiratory Therapy Product Receives Affirmation from USITC

TAIPEI, July 21, 2014 /PRNewswire/ -- Apex Medical Corporation (Apex, TWSE: 4106), a leading player in the Respiratory Therapy and Pressure Area Care sectors, announces that the United States International Trade Commission (USITC) has issued a final advisory opinion, determining that Apex's newly designed XT series continuous positive airway pressure (CPAP) water tank and Wizard 220 mask are free from the patent claims asserted by ResMed, one of Apex's major competitors. Apex further declares its plan of introducing an upgraded iCH water tank to the market in October 2014.

In September 2013 Apex requested the USITC to declare that Apex's newly designed sleep-disorder breathing treatment products are not covered by the claims of seven ResMed patents that were raised in an earlier Section 337 investigation. On July 18, 2014, the USITC issued the final opinion in response to the parties' appeals on the initial opinion of the Administrative Law Judge (ALJ) issued one month earlier.

In the final and non-appealable opinion, the USITC upheld the ALJ's ruling on the new mask design, confirming that the mask design is clear of ResMed's asserted claims. Significantly, the USITC overruled the ALJ's negative finding regarding the newly designed XT series water tank; the USITC determined that the new XT series CPAP water tank is free from ResMed's patent assertions. The USITC affirmed ALJ's finding that the petitioned water tank design for iCH series CPAP is covered by a single claim of one ResMed patent. 

Meanwhile, the United States Patent and Trademark Office (USPTO) is reviewing the validity of five ResMed's patents, including the claim relevant to the iCH series water tank, through a procedure named inter partes review. The USPTO is expected to render its decisions by early 2015.

"The USITC's decision confirms our masks and XT series are clear of ResMed's interference with patents. The demand of our products remains strong," said Apex's CEO, Daniel Lee. "The decision is a significant approval for our products and R&D.  We deem it a victory for our customers as well as people suffering from sleep apneas," Daniel said.

The company stresses its goal of serving patients suffering from sleeping disorders with quality, effective as well as cost-saving CPAP products, and affirms its devotion to innovation and its commitment to the customers.

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Milan District Court Confirms the Validity of Alfa Wassermann’s Rifaximin-alpha Patents

BOLOGNA, Italy, June 12, 2014 /PRNewswire/ --

Normix® is the only authorized Gastrointestinal antibiotic based on Rifaximin-alpha. No generic version is allowed.

With the judgment entered last April 18, the district court of Milan, Italy - the court having original jurisdiction on the matter -denied a request from generic manufacturers to declare Alfa Wassermann's patents on Rifaximin polymorphs invalid. Instead, the court upheld Alfa Wassermann's claim, asserting the Rifaximin-alpha patent and prohibiting any further counterfeit production, advertising and marketing. The announcement is made by Alfa Wassermann, the Bologna-based Italian pharmaceutical multinational that developed Rifaximin-alpha, marketed under the trade name Normix® in Italy, Xifaxan®, Flonorm®, Rifacol®, Spiraxin® and other trade names in other countries. Approved in 34 countries including the US, Rifaximin-alpha is an oral gut-selective antibiotic indicated for most bacterial diarrheas, including travelers' diarrhea, and other gastrointestinal (GI) disorders. Recently, Rifaximin-alpha was also approved for Hepatic Encephalopathy (HE) in the US and in Europe.

(Logo: http://photos.prnewswire.com/prnh/20140612/690926 )

"We welcome the court decision that has confirmed the uniqueness of Rifaximin-alpha, which is Alfa Wassermann R&D's most prestigious product and one of the top selling Italian medicines in the US," said Andrea Golinelli, Chief Strategy Officer, Alfa Wassermann. "The court ruling is a landmark decision for the protection of intellectual property (IP) and the recognition of its crucial value for pharmaceutical R&D and innovation. Without IP protection no scientific innovation nor progress to improve people's health is possible." concluded Golinelli.

Alfa Wassermann

Alfa Wassermann is an international Italian pharmaceutical Group with a sixty-year tradition in R&D, production and distribution of medicines of primary importance for people's health. Its medicines have taken Alfa Wassermann to a leading position in a number of medical areas including Gastroenterology, Vascular medicine, Orthopedics, Rheumatology and Gynecology.

The Group is headquartered in Bologna, Italy, which is also the location of its long-standing R&D facilities. The Group's international division is in Milan. The Group's production facilities in Alanno (Pescara, Italy) are some of Europe's most technologically advanced and make 50 million packaged items annually.

Alfa Wassermann operates globally through 12 subsidiaries in as many world markets. The Group employs 1,400 people and markets products in over 60 countries. In 2013 Alfa Wassermann consolidated sales aggregated to some 400 million euro.

Alfa Wassermann R&D's most successful product is Rifaximin-alpha, an oral antibiotic for gastrointestinal disorders that is the market leader in Italy, but is also available in many other world countries, including the US. Rifaximin-alpha approval by the US Food and Drug Administration (FDA) has been a highly prestigious recognition for a medicine that is the fruit of Italian R&D.

For further information please visit http://www.alfawassermann.com

Media contact:
Angela Del Giudice
+39-06-6788870
a.delgiudice@vrelations.it

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Spin Master Sues Character Options Ltd/Brix N’ Clix and Starfly Factory in China for Infringement of Flutterbye(R) Flying Fairy

TORONTO and LOS ANGELES, May 20, 2014 /PRNewswire/ -- Spin Master Ltd., Canada's largest children's toy and entertainment company and the world leader in flying toys, announced today that it has issued civil High Court proceedings against Character Opt...

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