B Braun Melsungen AG v Terumo Corporation [2004] FCA 384

FEDERAL COURT OF AUSTRALIA

B Braun Melsungen AG v Terumo Corporation [2004] FCA 384 EI Dupont De Nemours & Co v Imperial Chemical Industries PLC (2002) 54 IPR 304 cited AB Hassle v Pharmacia (Australia) Pty Ltd (1995) 33 IPR 63 applied B BRAUN MELSUNGEN AG and B BRAUN AUSTRALIA PTY LTD v TERUMO CORPORATION V 121 OF 2004 SUNDBERG J 2 APRIL 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 121 OF 2004

BETWEEN: B BRAUN MELSUNGEN AG

FIRST APPLICANT

B BRAUN AUSTRALIA PTY LTD (ACN 002 945 155)

SECOND APPLICANT

AND: TERUMO CORPORATION (ARBN 010 106 902)

RESPONDENT

JUDGE: SUNDBERG J

DATE OF ORDER: 2 APRIL 2004

WHERE MADE: MELBOURNE

Upon the applicants, by their Counsel, undertaking to:

(a) submit to such Order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person whether or not a party, adversely affected by the operation of Order 1 below or any continuation (with or without variation) and;

(b) pay the compensation referred to in (a) to the person there referred to.

THE COURT ORDERS THAT:

1. The respondent be restrained, until the trial of this proceeding or until further order, whether by itself, its directors, officers, servants or agents or otherwise howsoever, during the term of Australian Letters Patent No 703988 ("the Patent in suit") and any extension thereof, from infringing the Patent in suit and, in particular, from importing, making, selling, supplying, exporting or otherwise disposing of or offering or causing to import, make, sell, supply, export or otherwise dispose of, or using or keeping for the purpose of doing any of those things: (i) the respondent's Surshield Surflo II Safety Cannula; and (ii) any other intravenous catheters as claimed in claims 1, 3, 4, 12 and 15 of the Patent in suit;