Court Rules Respironics Not in Violation of Anti-Trust

CLEVELAND, Ohio–A federal trial court has dismissed some of
Invacare’s anti-trust and unfair competition claims against
Respironics.

In an Oct. 23 ruling, the U.S. District Court for the Northern
District of Ohio said that Elyria, Ohio-based Invacare Corp. failed
to show that Respironics monopolized or attempted to monopolize the
market for positive airway pressure devices used in the treatment
of obstructive sleep apnea.

While Murrysville, Pa.-based Respironics controlled a
significant portion of the market for sales of masks and PAPs–44
percent and 50 percent respectively–and gave sleep labs nearly
600,000 free masks over a four-year period, the court said there
was not enough evidence of anti-competitive conduct.

The court also dismissed predatory pricing claims by Invacare,
which said that Respironics sold products below cost and illegally
bundled its masks and PAPs.

However, the court did not dismiss claims against alleged trade
and state anti-trust violations and allegations. In these claims,
Invacare argued that Respironics made agreements with sleep labs to
have them prescribe Respironics’ products and exclude others.

In 2004, Respironics sued Invacare for patent violations. That
lawsuit is still pending. Invacare then counter-sued
Respironics.