Multigate Medical Devices was found to infringe two Australian patents of B. Braun Melsungen by selling or offering for sale in Australia safety IV catheters manufactured by Poly Medicure Ltd (Polymed).
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 .
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.