Business Line

Poly Medicure wins patent battle against B. Braun over IV catheters

DomesticHimanshu-Baid medical devices maker Poly Medicure has won a patent battle against German major B. Braun Melsungen on IV catheters.

The European Patent Office has ruled in favour of Poly Medicure revoked B Braun’s patent on IV catheters. This opens the European market for the Indian company.

B. Braun had claimed that the intravenous catheters sold by Poly Medicure were protected by patents. So far, this is the third instance of B. Braun’s patents protecting their IV catheter being revoked.

Rishi Baid, Executive Director, Poly Medicure told BusinessLine that, “B Braun would use undue broadening of the patent, it means that they would claim much more than the patent covers.” When contacted, B. Braun refused to comment on the litigation.

When a physician applies such a catheter to a patient, a needle guard automatically protrudes over the tip when the needle is withdrawn from the arm. This protects the doctor and nursing staff. Conventional catheters lack such a needle guard.

“Poly Medicure also sells intravenous safety catheters, but their needle protection is somewhat different. In May, the eight-year patent dispute between the two medical device manufacturers ended, as the European Patent Office (EPO) finally also rejected the last of the three patents. Thus, B. Braun has ultimately lost all three patents, and Poly Medicure can freely operate in the European market. In addition to Germany, the dispute also concerned the Netherlands, Spain and Italy,” said Himanshu Baid, Managing Director, Poly Medicure.

The patent dispute between the two companies began at the Medica 2009 trade fair. At that time, B. Braun filed a provisional injunction against Poly Medicure against the patent EP 1911486, thus dispensing with their measurements.

However, the injunction was revoked in February 2010 by the Regional Court of Appeals (District Court) Düsseldorf (District Court of Appeals), and in the second instance by the Oberlandesgericht (Higher Regional Court, Düsseldorf).

In parallel opposition proceedings, the European Patent Office (EPO) completely annulled the patent in September 2014.

Poly Medicure Wins Long Patent Battle

European Patent Office revokes two patents of German Co B Braun in favour of Indian medical device maker after five years of legal battle

Poly Medicure, an Indian medical devices firm with annual sales of just over .

`320 crore, has won a five-year long patent battle with .

`40,000 crore German medical devices and pharma giant B Braun as the European Patent Office (EPO) revoked two of the latter’s patents covering features of intravenous (IV) safety catheters.

B Braun appealed against these decisions at the boards of appeals, a redressal forum within the EPO structure, but the appeals have been turned down by the boards and the patents of B Braun revoked, according to orders passed last month and earlier in June, reviewed by ET.

Confirming the development, Rishi Baid, director, Poly Medicure Ltd, told ET, “The concerned two patents have been revoked by the European Patent Office, as per our information and it is likely to have a huge positive impact on our business in Europe.” This could help Poly Medicure gain a firmer foothold in the $250-million European safety catheter market which uses up to over 300 million IV catheters yearly, according to industry estimates. This could also bolster its case in some of the other European jurisdictions where it is defending patent infringement suits from the German giant.

The Indian company, or its distributors, have been sued by B Braun in many countries such as Germany, Italy, Spain, Malaysia the Netherlands, Australia and even India for alleged patent violations.

While global patent battles between Indian players and large multinationals are fairly common in the pharmaceutical sector, such cases have been rare in the medical devices space. But B Braun hasn’t given up on the patent battle. Admit ting that a cou ple of its patents have been re cently revoked by the EPO after years of opposi tion and appeal, a company spo kesperson told ET that they are still confident of emerging victorious in the pending patent suit case in a regional court of Germany and some of the other countries.

“Polymed’s Australian distributor has had the same experience as their European distributors, to our knowledge, finding no repeat customers for their product,” said the B Braun spokesperson, adding that he doesn’t believe that Poly Medicure will gain a lot of business in Europe. He added that another patent dispute related to this product is yet to be decided in Europe and B Braun is already pursuing another legal recourse in Europe and Australia.

Hailing Poly Medicure’s victory as ‘significant’ and ‘encouraging’, its Indian peers say this may prompt few other players to consider taking on global giants in their home turfs, but most Indian medical device makers will still not be able to afford such patent wrangles in regulated markets. “Unlike pharma players, medical device makers in India are still small and the prohibitive costs involved in fighting such patent battles in developed markets will deter them from taking this route, particularly when they are aware of the muscle and deep pockets of the rival global giants,” said promoter of a competitor Indian medical device firm.