A new legal victory of B. Braun against the introduction in the Spanish market of Poly Medicure Ltd’s safety IV catheters
This case follows the already reported victory of B. Braun over Dextromédica, S.L. in August 2013.
Barcelona (Spain)The Commercial Court no. 4 of Barcelona has prohibited the manufacture and/or import in Spain of safety IV catheters supplied by Poly Medicure, Ltd. (Polymed) while B. Braun’s Spanish patent ES2402727 (EP1911487) remains in force.
The case was initiated last November 2013, when B. Braun became aware that a Spanish company took part in a public tender called by the health authorities of Basque Country (Osakidetza), with an offer of safety IV catheters supplied by Polymed and commercialised in Europe by the German company Troge Medical GmbH which fell under the scope of said patent.
B. Braun reacted by filing a patent infringement claim and a request for preliminary injunction at the Barcelona Court (proceedings 833/2013). As soon as the claim was served on this company, their managers contacted B. Braun in order to amicably settle the case, undertaking to acquiesce the patent infringement claim. The acquiescence has been accepted by the Court by judgment rendered on 20 January 2014.
This case follows the already reported victory of B. Braun over Dextromédica, S.L. in August 2013. Dextromédica had been appointed by Polymed as its exclusive distributor in Spain for its safety IV catheter products, and was preliminary ordered by the Court not to make, import, use, sell, promoting, advertising, offer for sale, or possessing or storing the catheters that infringe the patent ES2402727. The trial of this case will take place on 5-6 March 2014.
Both legal proceedings show B. Braun’s serious commitment to duly protect its patent rights while continuing to provide the health care market with the best innovation.