3B Medical Claims Lack Substance, ResMed Says
3B Medical Inc., a sleep therapy equipment maker, this week filed suit
against competitor ResMed alleging several antitrust violations, reportedly including
trying to create a monopoly by “choosing winners and losers in the CMS
competitive bidding process by preferential pricing” and bullying customers.
In response, ResMed’s Global General Counsel, David Pendarvis, issued
the following statement:
“There is no substance to the claims in the case. ResMed conducts
business in an ethical and lawful manner. Physicians, customers, and patients
prefer our products because they are better. We expect to win this case if it
is brought to trial.
"We recently filed – and won – a case for patent
infringement against 3B and its Chinese-based manufacturer, BMC Medical Co. The
International Trade Commission agreed with us and found that BMC and 3B had
infringed ResMed’s mask patents. In their complaint, 3B concedes they have had
very limited success in the marketplace.
"Our business creates better lives for patients by designing, making,
and selling high quality products that provide value for patients, customers,
and healthcare systems. We maintain our focus on changing 20 million lives by
According to a report in HME Business, the two companies had been embroiled
in an 18-month legal battle than ended in January when the International Trade
Commission "ruled that certain 3B/BMC masks infringed on ResMed patents,
while it sustained a 3B/BMC challenge on a ResMed humidifier patent."
“This action is intended to restore competition, increase patient
choice, and lower product pricing for sleep disordered breathing products,” Daniel
Kotchen of 3B Medical’s attorneys Kotchen & Low LLP, reportedly said in filing the new legal action against ResMed.