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2009-11-20

Patent Dispute: B. Braun obtains preliminary injunction

Products seized at MEDICA Fair in Düsseldorf, Germany.

Düsseldorf, Germany. The Regional Court Düsseldorf has granted the requests of B. Braun Melsungen AG for preliminary injunctions against Poly Medicure Ltd. residing in India and against German companies Troge Medical GmbH and megro GmbH & Co. KG. The legal proceedings concerned IV-Catheters which Poly Medicure manufacturers in India under the trade name “Poly Safety” and which are marketed in Germany by Troge Medical and megro under the trade name “Tro-Vensite Safety”. The Regional Court considers the marketing of these products an infringement of the German section of B.Braun’s patent EP 1 911 486 (registered in Germany under DE 698 41 231) and has ordered Poly Medicure, Troge Medical and megro to stop marketing the abovementioned products in Germany.

B. Braun Melsungen AG served the preliminary injunctions today directly at the stands of the respective companies at the world’s leading medical trade fair MEDICA which is currently being held in Düsseldorf and where these companies attended as exhibitors. Furthermore, all infringing IV-Catheters had to be handed over to the bailiff at the stands.

With this course of action B. Braun comprehensively enforces its protective rights. The respective companies now have the possibility to appeal against the preliminary injunc-tions and to request B. Braun to start proceedings on the merits of their claims.

Background IV-Catheters
The product which is subject to B. Braun’s patent is an IV-Catheter with which infusions and medications can be administered to patients. The IV-Catheters include a guard which automatically covers the needle tip when the needle is withdrawn. Doctors and nursing staff are protected from needle stick injuries and from possible infections with life threatening diseases like HIV or Hepatitis C.