Polymed Scores a Generic Win Over B Braun again
For Poly Medicure Limited it was another shot in the arm when on December 4, 2009 the double bench of the Hon'ble Delhi High Court passed order agreeing with observations of the order dated April 15, 2009 of the Hon'ble single judge and rejecting the interim application filed by B Braun Melsungen AG with its appeal, said a company press release of Polymed. Consequently, Poly Medicure Ltd. has no restriction to manufacture and sell its safety IV catheters.
The release further states that double bench of the Delhi High Court in its order dated December 4, 2009 found lapses by B Braun Melsungen AG in following the procedure for amendment of the claims as "post-grant amendment was sought in the garb of pre-grant amendment for the sole purpose of avoiding publication of the same." The bench while rejecting the interim application for grant of interim stay agreed with the findings of the single judge that "prima facie, there is a serious challenge to the validity of the patent", also agreed with the following observations of the learned single judge that "the question of validity of the plaintiffs' Patent No.210062 is not free from doubt at this prima facie stage. There are more reasons than one for entertaining such doubts."
"India being the main production centre for Poly Medicure Ltd. for its safety IV catheters, Poly Medicure Ltd is not in any way prohibited from manufacturing and marketing in India or any part of the world its safety IV catheters, except presently in Germany where the Poly Medicure Ltd. has already filed an appeal in the Court in Dusseldorf and is very hopeful to get a favourable decision soon," the release stated.
For Poly Medicure Limited it was another shot in the arm when on December 4, 2009 the double bench of the Hon'ble Delhi High Court passed order agreeing with observations of the order dated April 15, 2009 of the Hon'ble single judge and rejecting the interim application filed by B Braun Melsungen AG with its appeal, said a company press release of Polymed. Consequently, Poly Medicure Ltd. has no restriction to manufacture and sell its safety IV catheters.
The release further states that double bench of the Delhi High Court in its order dated December 4, 2009 found lapses by B Braun Melsungen AG in following the procedure for amendment of the claims as "post-grant amendment was sought in the garb of pre-grant amendment for the sole purpose of avoiding publication of the same." The bench while rejecting the interim application for grant of interim stay agreed with the findings of the single judge that "prima facie, there is a serious challenge to the validity of the patent", also agreed with the following observations of the learned single judge that "the question of validity of the plaintiffs' Patent No.210062 is not free from doubt at this prima facie stage. There are more reasons than one for entertaining such doubts."
"India being the main production centre for Poly Medicure Ltd. for its safety IV catheters, Poly Medicure Ltd is not in any way prohibited from manufacturing and marketing in India or any part of the world its safety IV catheters, except presently in Germany where the Poly Medicure Ltd. has already filed an appeal in the Court in Dusseldorf and is very hopeful to get a favourable decision soon," the release stated.
