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B. Braun wins preliminary injunction against Poly Medicure Ltd's Spanish distributor Dextromédica S. L. in a decision confirmed by the Appeal Court of Barcelona
Barcelona (Spain) (ots) - Dextromedica S. L. is preliminarily prohibited to make, import, use, sell, promoting, advertising, offer for sale, or possessing or storing for the said purposes safety IV catheter products that infringe B. Braun's Spanish patent ES2402727. B. Braun obtained in the first instance a Preliminary Injunction against Dextromedica SL regarding safety IV Catheters of Polymed, namely Polycan Safety, Poly Safety and Polywin Safety. The first instance Court maintained that these safety IV Catheters infringed the aforementioned B. Braun patent (docket number 455/2013, decision dated 1 August 2013). Dextromedica appealed the Preliminary Injunction at the Appeal Court of Barcelona, which rejected Dextromedica's appeal, confirmed the Preliminary Injunction and ordered Dextromedica to pay the costs of the appeal in a decision dated 17 September 2014 (served to the parties on the 22nd of September, docket number 457/2013-1). This interlocutory decision can no longer be appealed. There is a pending case on the merits in the first instance, where the parties are waiting for the judgment (the trial took place in March 2014).
This lawsuit was initiated by B. Braun to protect their passive safety IV catheter market, which has been well served by their Introcan Safety and Vasofix Safety products.