Posted: June 17th, 2016
B. Braun Melsungen AG v. Becton Dickinson B.V. and Becton Dickinson Infusion Therapy B.V., District Court The Hague (PI proceedings), the Netherlands, Case no. ECLI:NL:RBDHA:2016:6803
The Dutch PI judge ruled that B. Braun had lost its urgent interest needed for obtaining a preliminary injunction after it awaited the outcome of (appeal in) opposition proceedings before commencing PI proceedings in the Netherlands. B. Braun had earlier commenced proceedings in other EU countries despite the pending opposition proceedings which -according to the PI judge- shows that commencing proceedings was possible during pending (appeal in) opposition proceedings.
Moreover, B. Braun never summoned alleged infringer Becton Dickinson Infusion Therapy (whose alleged infringing product is on the market since 7 years, of which 3 years post patent grant) before serving the writ of summons.
A copy of the judgment (in Dutch) can be read here.