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Poly Medicure Announces Appeal Decision In Patent Litigation With B. Braun

Poly Medicure (Polymed), an India-based medical and surgical devices company, reported that the Delhi High Court has dismissed a patent interim injunction application filed by B Braun Melsungen AG (B. Braun) to prevent Polymed from manufacturing ‘Safety IV Cannula’, which is used to prevent needle stick injuries to doctors and nursing staff.

Justice Badar Durrez Ahmed, on April 15, 2009, said “Having examined the arguments advanced by the counsel for the parties and the case law submitted by them, I am of the view that the plaintiffs (B Braun) are not entitled to an ad interim injunction as prayed for by them. It is clear that the registration of the patent per se does not entitle the plaintiffs to an injunction.”

Polymed is preparing to commence exporting the product to the US and Europe in the next two-three months of 2009. It aims to aquire 10% of the INR25 billion market in the next two years. The market for Safety IV Canula worldwide is about 500 million units per year, mainly in the US and Europe, and is expanding at the rate of 15% every year.

“The Safety IV Cannula has numerous utility and applications, including prevention of needle stick injuries to nurses, doctors, technicians and various hospital staff, which decreases chances of infections such as HIV, Hepatitis B and Hepatitis C,” Himanshu Baid managing director, Polymed. The company claims to have recently launched some safety medical devices in the field of blood collection in India as well as overseas.

The Delhi High Court did not found prima facie ground to grant interim injunction to B. Braun which would have prevented Polymed to continue to produce its brand of Safety IV Cannula, Baid said.