Sleep therapy equipment maker 3B Medical Inc. has filed a legal action in the United States District Court for the Middle District of Florida alleging antitrust violations by ResMed.
3B filed the action against ResMed alleging numerous antitrust violations of the Sherman and Clayton Acts through the use of exclusive contracts, monopolization, unlawful tying, and tortious interference. In its complaint, 3B alleges that ResMed is “choosing winners and losers in the CMS competitive bidding process by preferential pricing;” has “created an environment of fear and bullying among customers;” and “intentionally interfered in 3B Medical’s business relationships.”
“This action is intended to restore competition, increase patient choice, and lower product pricing for sleep disordered breathing products,” said Daniel Kotchen of 3B Medical’s attorneys Kotchen & Low LLP. “We look forward to an opportunity to present the existence and effect of ResMed’s sales practices to a jury.”
In response to 3B Medical’s allegations against ResMed, the company released a statement from David Pendarvis, ResMed’s chief administrative officer and global general counsel:
“There is no substance to the claims in the case,” Pendarvis stated. “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.”
The two companies had been immersed in a patent battled that lasted 18 months and was finally resolved in January. At that time, the International Trade Commission (ITC) made a split decision in the case between sleep therapy equipment makers ResMed and 3B Medical/BMC Medical Co. Ltd. Specifically, the ITC ruled that certain 3B/BMC masks infringed on ResMed patents, while it sustained a 3B/BMC challenge on a ResMed humidifier patent. (Read more about that decision.)