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ADVANCE Perspective: Respiratory Views

3B Medical Claims Lack Substance, ResMed Says

Published April 3, 2015 1:41 PM by ADVANCE for Respiratory Care & Sleep Medicine

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 2020.”  

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. 

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