Safety IVCs: B. Braun Melsungen AG wins patent infringement suit against Becton Dickinson GmbH in Germany
The patent in suit describes a safety mechanism.
Düsseldorf. On December 16, 2014, B. Braun Melsungen AG obtained a positive judgment in a law-suit against Becton Dickinson GmbH before the Regional Court Düsseldorf (docket no. 4b O 57/13). According to this judgment, Becton Dickinson may not distribute any longer the product “Venflon Pro Safety” in the sizes 14G to 22G (“Venflon Pro Safety”) as it infringes the European Patent EP 2 319 556 B1 (patent in suit) for safety IVC catheters of B. Braun. The patent in suit describes a safety mechanism for peripheral intravenous catheters.
With the enforcement B. Braun has inter alia prohibited Becton Dickinson the marketing of “Venflon Pro Safety” in Germany and has requested Becton Dickinson to recall already marketed IVCs of the type “Venflon Pro Safety”.
Becton Dickinson is free to file an appeal against the judgment of the Regional Court Düsseldorf. An opposition for nullification of the patent in suit as filed by Becton Dickinson with the European Patent Office had already been rejected in first instance in November 2014 against which Becton Dickinson already filed an appeal.