NYU v. ResMed: Federal Circuit Affirms Unpatentability of Breathing Diagnosis Patent
New York University appealed an unpatentability ruling on US9108009B2 — a patent covering systems and methods for diagnosing and treating patient breathing patterns — against sleep therapy device leader ResMed. A per curiam Federal Circuit panel unanimously affirmed the lower tribunal’s finding across a 550-day appellate proceeding.
Federal Circuit Affirms NYU Breathing Pattern Patent as Unpatentable
New York University filed this Federal Circuit appeal on 5 February 2024, challenging an earlier determination that US9108009B2 — covering a system and method for diagnosing and treating a patient’s breathing pattern — was unpatentable. The respondent, ResMed Co., is a leading developer of sleep apnea and respiratory therapy devices, making the asserted patent directly relevant to ResMed’s core product portfolio. The patent in question traces to application number US14/583005 and sits within a technically active area of medical device IP.
The appeal closed on 8 August 2025, when a per curiam Federal Circuit panel comprising Circuit Judges Reyna, Stoll, and Cunningham issued a single-word disposition: AFFIRMED. The basis of termination is recorded as ‘Unpatentable,’ confirming that the lower tribunal’s invalidity or cancellation ruling survives appellate review. For NYU, the affirmance forecloses this line of enforcement against ResMed at the Federal Circuit level. For ResMed, the ruling removes a patent cloud over its breathing diagnosis and treatment technology.
At 550 days, the appeal ran notably longer than the Federal Circuit median, suggesting substantive briefing and potentially oral argument, though the per curiam form of the final order typically signals a panel consensus without a precedential written opinion. The absence of a detailed written opinion means the precise legal reasoning — whether grounded in prior art, eligibility, or written description — remains opaque from the public docket alone. What drove the original unpatentability finding, and whether NYU holds related continuation patents, are questions the public record does not resolve.
Filing to Unpatentable in 550 days
550 days — above the median Federal Circuit appeal duration of ~400 days
Federal Circuit affirms: what the ruling means for both parties
What ‘AFFIRMED’ means at the Federal Circuit level
An affirmance by the Federal Circuit means the appellate panel found no reversible error in the decision below. The lower tribunal’s unpatentability determination — whether from the USPTO PTAB or another tribunal — is left fully intact. The per curiam format signals unanimous agreement among Judges Reyna, Stoll, and Cunningham, and typically indicates the panel viewed the appeal as not warranting a full precedential written opinion.
No reversible error foundNYU’s patent is cancelled: enforcement avenue closed
For New York University, the affirmance is a final adverse outcome at the Federal Circuit level. US9108009B2 is confirmed unpatentable, extinguishing its enforceability. NYU’s appellate options at this stage are limited to a petition for en banc rehearing or, theoretically, certiorari to the Supreme Court — both of which face a very high bar. Any licensing revenue or infringement damages tied specifically to this patent are foreclosed.
Enforcement extinguishedResMed secures clear title over breathing diagnosis technology
ResMed emerges from this appeal with the unpatentability finding confirmed, removing US9108009B2 as an IP liability over its breathing pattern diagnosis and treatment product lines. The affirmance strengthens ResMed’s freedom to operate in this technical space without the overhang of this specific NYU patent. Competitors in the sleep therapy and respiratory monitoring sector may similarly benefit from the patent’s confirmed invalidity.
Freedom to operate securedSleep therapy IP landscape: patent challenge validated
The affirmance confirms that inter partes or post-grant challenges to university-held medical device patents can survive full appellate scrutiny, including at the Federal Circuit. For the sleep apnea and respiratory therapy sector, this signals that broad method-of-treatment patents asserted by non-practicing entities or research institutions face meaningful validity risk. Competitors and product developers should monitor whether NYU holds related continuation patents in the breathing diagnosis space.
University patent invalidatedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | New York University | Individual | Research university — holder of US9108009B2 covering breathing pattern diagnosis and treatment systemsSearch in Eureka ↗ |
| Defendant | Resmed, Co. | Company | ResMed Co. — global developer of sleep apnea and respiratory therapy devices and softwareSearch in Eureka ↗ |
| Plaintiff counsel | Cedric Tan | Attorney | Counsel for New York UniversitySearch in Eureka ↗ |
| Plaintiff counsel | Michael A. Siem | Attorney | Counsel for New York UniversitySearch in Eureka ↗ |
| Plaintiff counsel | Robert J. Gajarsa | Attorney | Counsel for New York UniversitySearch in Eureka ↗ |
| Plaintiff law firm | Devlin Law Firm LLC | Law Firm | Representing New York UniversitySearch in Eureka ↗ |
| Defendant counsel | Alan Billharz | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant counsel | David M. Tennant | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant counsel | Eric E. Lancaster | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant counsel | Grace Wang | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant counsel | Kamilah Alexander | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant counsel | Lisa K. Nguyen | Attorney | Counsel for Resmed, Co.Search in Eureka ↗ |
| Defendant law firm | Paul Hastings, LLP | Law Firm | Representing Resmed, Co.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Appeals for the Federal CircuitSearch in Eureka ↗ |
Official order — verbatim text
The terse per curiam disposition — ‘AFFIRMED’ — reflects the Federal Circuit’s standard practice when a unanimous panel finds no reversible error warranting extended written analysis. The basis of termination recorded as ‘Unpatentable’ confirms the underlying patentability challenge succeeded fully. For appellate purposes, the affirmance applies the substantial evidence standard to factual findings and de novo review to legal conclusions on patentability. Neither party received a remand, meaning the unpatentability of US9108009B2 is now a final Federal Circuit determination subject only to en banc or Supreme Court review.
US9108009B2 — System and method for diagnosis and treatment of a patient’s breathing pattern
US9108009B2, filed under application number US14/583005, claims a system and method for the diagnosis and treatment of a patient’s breathing pattern. The patent sits within the medical device and digital health domain, specifically targeting automated or algorithmic analysis of respiratory behaviour — a technology directly relevant to sleep apnea detection, adaptive ventilation, and related therapeutic applications. The patent was held by New York University, a research institution with a substantial biomedical engineering and clinical research portfolio.
Strategically, this patent represented a potential licensing asset for NYU against commercial sleep therapy companies, of which ResMed is among the most prominent globally. The Federal Circuit’s affirmance of unpatentability eliminates this specific patent as a competitive tool, but the underlying technology domain — automated breathing pattern analysis — remains heavily contested. Companies developing CPAP, BiPAP, adaptive servo-ventilation, or AI-driven respiratory monitoring products should treat the broader patent landscape in this space as active and map related surviving patents carefully.
Should you run an FTO against US9108009B2?
Any company developing systems or software for patient breathing pattern diagnosis, sleep apnea therapy, or adaptive ventilation should be aware that US9108009B2 has been confirmed unpatentable by the Federal Circuit — meaning it no longer poses a direct infringement risk. However, this conclusion applies only to this specific patent. Related family members, continuation applications, or claims in co-pending NYU applications may cover similar technical ground. R&D and product teams should not treat the cancellation of this patent as a blanket clearance for the broader breathing diagnosis technology space.
PatSnap Eureka’s FTO Search Agent allows you to identify the full patent family surrounding US14/583005, surface any surviving related applications, and benchmark your product’s technical features against active claims in the respiratory therapy landscape. By combining citation mapping, claim analysis, and litigation history, Eureka helps your team build a defensible clearance position — not just a single-patent check — before committing to product development in sleep therapy or respiratory monitoring technology.
Run a freedom-to-operate analysis on US9108009B2 to assess your product’s exposure
Run FTO in Eureka →Similar Federal Circuit appeals in medical device and respiratory therapy patent disputes
Explore Federal Circuit appeals involving medical device patents and breathing/sleep therapy technology, including comparable unpatentability affirmances and university patent enforcement cases.
What this case signals for the sleep therapy and medical device IP landscape
A Federal Circuit affirmance of unpatentability in respiratory diagnosis IP carries broad implications for patent enforcement and product development strategy.
University medical device patents are not insulated from invalidity challenges
NYU’s loss at the Federal Circuit confirms that research institution patents in technically competitive fields — including breathing diagnosis and treatment — can be successfully challenged through validity proceedings. Companies facing assertion from university patent holders should conduct rigorous prior art analysis before settlement.
ResMed’s core technology gains clarity, but continuation risk remains
While US9108009B2 is confirmed unpatentable, patent families in medical device technology frequently include continuation applications. ResMed and competitors in respiratory therapy should audit related family members stemming from US14/583005 to identify any surviving claims that could be asserted in future enforcement actions.
University v Resmed — key questions answered
The Federal Circuit affirmed the lower unpatentability finding in Case No. 24-1433 on 8 August 2025. A per curiam panel of Judges Reyna, Stoll, and Cunningham issued a unanimous AFFIRMED disposition, confirming that US9108009B2 — NYU’s breathing pattern diagnosis and treatment patent — is unpatentable. The patent is no longer enforceable.
US9108009B2 covers a system and method for the diagnosis and treatment of a patient’s breathing pattern. ResMed is a leading global developer of sleep apnea and respiratory therapy devices — including CPAP and adaptive ventilation systems — making this patent directly relevant to its product lines. Confirmation of unpatentability removes this IP as a potential enforcement or licensing liability for ResMed.
A per curiam affirmance at the Federal Circuit means a unanimous panel found no reversible error in the decision below, typically without issuing a full precedential written opinion. It signals panel consensus and is commonly used when the appeal is not considered to raise novel legal questions. The decision leaves the lower tribunal’s ruling intact in all respects.
After a Federal Circuit affirmance, the patent holder’s options are limited. NYU could petition for en banc rehearing before the full Federal Circuit, or seek certiorari from the U.S. Supreme Court. Both paths face a very high bar. Absent such a challenge, the unpatentability of US9108009B2 stands as a final disposition.
The public record for this case references application number US14/583005. Patent families in the medical device space frequently include continuation, divisional, or continuation-in-part applications that may survive an invalidity finding on one member. Companies in the respiratory therapy and sleep diagnosis sector should conduct a full family analysis to identify any related NYU applications or granted patents that could cover similar technology.
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