Delhi High Court reject German pharma firm plea

The Delhi High Court has rejected the plea of German pharma company B Braun Melsungen AG claiming patent rights to an item sold by healthcare products manufacturer Eastern Medikit.

The Delhi High Court has rejected the plea of German pharma company B Braun Melsungen AG claiming patent rights to an item sold by healthcare products manufacturer Eastern Medikit.

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Justice S N Dhingra of the Delhi High Court has rejected the petition filed by B Braun Melsungen AG claiming patent rights over the product 'Safety I V Cannnula', sold by Eastern Medikit under the brand Mediflon Safety.

'Safety I V Cannula' acts as a safety element in the use of needles by healthcare workers.

Rejecting the German pharma company's patent claim, the court observed, "The inventive step as claimed by plaintiffs (B Braun Melsungen) was not in fact a new step ... The so-called invention is in fact a prior art and was well known to the players of the field. It cannot be said that there was a real invention step or invention made by plaintiff."

B Braun Melsungen in its petition had contended that the product brought out by the Indian firm Eastern Medikit Ltd, another pharmaceutical company, was an infringement of its patented product.