B. Braun Melsungen AG, B. Braun Medical Inc. v. Terumo Medical Corporation, Terumo Corporation
Published: May 28, 2011 | Result Date: Nov. 22, 2010 | Filing Date: Jan. 1, 1900 |Case number: 1:2009-cv-00347-LPS Verdict – Defense
Court
USDC Delaware
Attorneys
Plaintiff
Defendant
Timothy Devlin
(Devlin Law Firm LLC)
Juanita R. Brooks
(Fish & Richardson PC)
Facts
B. Braun Melsungen AG and B. Braun Medical Inc. sued Terumo Corp. and Terumo medical Corp., alleging infringement of U.S. Patent No. 7,264,613, the Surshiled Safety I.V. Catheter. Terumo counter-claimed seeking declarations of non-infringement, invalidity, and unenforceability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that defendants infringed its patent by manufacturing, selling, or offering it for sale.
DEFENDANT'S CONTENTIONS:
Defendants claimed that the patents were invalid based on obviousness and lack of adequate description.
Result
The jury found for defendants and the court entered a permanent injunction proposed by defendants.
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