Resmed accused of patent breach

[SleepGeek]

The patents cover methods for diagnosing and treating issues with a patient's breathing pattern using a positive airway pressure system.

According to the complaint, the AutoRamp feature of ResMed's machine -- which detects when a patient is asleep, monitors their breathing pattern, and administers increasing amounts of air pressure up to a specific level -- infringes the patents.

The machine's AutoSet algorithm, which monitors a patient's breathing pattern to determine the ideal pressure to use for treatment, also infringes, NYU said.

https://www.reuters.com/legal/transacti ... 021-06-03/

https://fingfx.thomsonreuters.com/gfx/l ... plaint.pdf

[HD4Mark]

Looks like these patents expire in 2023 & 24. They should be able to kick it around in court long enough for them to expire.

[chunkyfrog]

Big dogs fighting over a bone.
Nobody wins but the lawyers.
Shakespeare was right . . .

[Dog Slobber]

Looks like these patents expire in 2023 & 24. They should be able to kick it around in court long enough for them to expire.

Kicking it around in court for a few years, until the patents expire, wouldn't prevent compensation for all the units sold during infringement (six years prior to filing). Assuming there is an infringement.

[chunkyfrog]

Barring appeal--they always have that trick ready.
Settlement is always an option--probably what NYU wanted all along.
And cheaper than years of trouble.

[GrumpyHere]

Yep, NYU is just looking to salvage some expiring junk patents.

We know that the AutoSet cannot properly determine whether one is asleep, hence SWJ flagging.

One of the patents allegedly violated, 9,867,955 claims to magically detect sleep staging via breathing patterns.
The current state of art requires EEG for accurate staging assessment.

https://patents.google.com/patent/US9867955B2/en

Described is a system including a sensor and a processing arrangement. The sensor measures data corresponding to a patient's breathing patterns. The processing arrangement analyzes the breathing patterns to determine whether the breathing patterns are indicative of a REM sleep state. In another embodiment, the processing arrangement analyzes the breathing patterns to determine whether the breathing patterns are indicative of one of the following states: (i) a wake state and (ii) a sleep state. In another embodiment, a neural network analyzes the data to determine whether the breathing patterns are indicative of one of the following states: (i) a REM sleep state, (ii) a wake state and (iii) a sleep state. In another embodiment, the processing arrangement analyzes the data to determine whether the breathing pattern is indicative of an arousal.

One of ResMed's patents from 1993 describes ramping and the adjusting of pressure based on actual sensor data rather than magic.

https://patents.google.com/patent/US5245995A/en

A CPAP apparatus including: a variable pressured air source and means to vary the air pressure delivered therefrom; a nose piece for sealed air communication with a patient's respiratory system; an air communication line from the air source to the nose piece; a sound transducer adapted to be in sound communication with the patient's respiratory system; and a feedback system controlling the output pressure of the air source in response to an output from the transducer so as to increase the output air pressure from said air source, in response to detection of sound indicative of snoring, in accordance with a predefined procedure. The sound transducer, in its most general form, comprises a pressure transducer which, in addition to detecting snoring sounds, can detect other respiratory parameters such as the rate of breathing, inhaled air flow volume, and inhaled air flow rate. Output air pressure from air source is increased in response to one or more of these parameters in accordance with a pre-defined procedure.

[Goofproof]

Looks like these patents expire in 2023 & 24. They should be able to kick it around in court long enough for them to expire.

Kicking it around in court for a few years, until the patents expire, wouldn't prevent compensation for all the units sold during infringement (six years prior to filing). Assuming there is an infringement.

Or pay off the correct people in the government. Jim

[clownbell]

I am skeptical of this for three reasons:
1. Why did NYU wait so long to bring suit? ResMed has used this technology for years (as far as I know).
2. What does NYU hope to gain? I doubt that it's just about money because NYU has an endowment fund of ~$4 billion with a B.
3. Why should I presume that ResMed is guilty? This is just an allegation. Anybody can sue anyone for just about any reasons -- real or imaginary. Just because NYU says so doesn't mean it is true. I guess some have adopted the notion of "guilty-until-proven-innocent" and evolved beyond the need for "due process." Yes, I an a cynic.

[chunkyfrog]

No institution is totally free of skeletons, or closets to hide them in.
Especially universities.

[Jlfinkels]

I am skeptical of this for three reasons:
1. Why did NYU wait so long to bring suit? ResMed has used this technology for years (as far as I know).
2. What does NYU hope to gain? I doubt that it's just about money because NYU has an endowment fund of ~$4 billion with a B.
3. Why should I presume that ResMed is guilty? This is just an allegation. Anybody can sue anyone for just about any reasons -- real or imaginary. Just because NYU says so doesn't mean it is true. I guess some have adopted the notion of "guilty-until-proven-innocent" and evolved beyond the need for "due process." Yes, I an a cynic.

Patent trolls are likely behind it. They convince patent holders to file suit with no payment unless they win where they split the settlement. I spend far too much time in court representing my company as an expert witness defending or enforcing my patents, primarily from patent trolls. In my 20+ years of doing this I can only recall one actual settlement coming from the courts, the rest were either settled out of court or dismissed due to lack of evidence. Sadly it will tie up many resources in people and dollars as Resmed defends their products, resources that could be used for other purposes.