PR58473

B. Braun Wins Patent Disputes Against Poly Medicure Ltd's Australian Distributor Multigate Medical Devices Pty. Ltd. and Spanish Distributor Dextromedica S. L.

MELBOURNE, Australia and BARCELONA, Oct. 31, 2014/PRN=KYODO JBN/ --

Multigate Medical Devices Pty Ltd (Multigate) was found to infringe two

Australian patents of B. Braun Melsungen AG (B. Braun) by selling or offering

for sale in Australia safety IV catheters manufactured by Poly Medicure Ltd

(Polymed). The judgment of 17.10.14 in Federal Court of Australia proceeding

number VID 463 of 2013 can be found at

http://www.austlii.edu.au/au/cases/cth/FCA/2014/1110.html.

In the detailed judgment, Multigate was found to have infringed claim 1 of

Australian patent no. 2012258327 and claims 1 to 6 of Australian patent no.

2012260577. The judgment also dismissed the counter claim of Multigate,

confirming that all of the asserted claims are valid.

Orders were made on 28.10.14 which formalized the judgment in the Australian

proceeding. Under the orders, Multigate is enjoined from selling the infringing

products in Australia for the life of patent numbers AU2012258327 and

2012260577 (subject to a stay which will remain in place pending the outcome of

any appeal by Multigate). Multigate has also been ordered to pay B. Braun's

costs of the proceedings, including the costs of defending the cross claim. The

amount of money to be paid by Multigate to B. Braun as a result of the patent

infringements is yet to be determined by the Australian Federal Court.

Multigate now has two weeks to decide whether to seek leave to appeal the

decision. Pending the outcome of any appeal lodged by Multigate, the injunction

and certain other orders are currently stayed.  

B. Braun's victory in the Australian proceedings follows B. Braun's successes

in other jurisdictions. As recently reported B. Braun was granted a preliminary

injunction in a related patent dispute in Spain against Polymed's Spanish

distributor Dextromedica S. L . Since that press release of 23.9.14 also the

main proceedings have been decided in favor of B. Braun with judgment dated

1.10.14. See Commercial Cort 4 Barcellona Ordinary Proceedings 444/13-MI,

Judgment 165/14. Dextromedica may appeal this decision until 30.10.14.

In view of the two above-mentioned successful litigations in Australia and

Spain, B. Braun is confident it will also ultimately prevail in its German

litigation before the Regional Court of Dusseldorf against Polymed and their

German distributors (case no. 4b O 115_13) which is stayed upon the parties'

request until the European Patent Office has rendered a first instance decision

in the opposition against B. Braun's patent in suit EP 1 911 487.

Press contact:

Mechthild Claes, Phone +49-5661-711635

press@bbraun.com

SOURCE: B. Braun Melsungen AG