B BRAUN MELSUNGEMN AG Vs. RISHI BAID

JUDGEMENT

(1.) THE plaintiffs seeks an ad interim injunction restraining the defendants from making, selling, distributing, advertising, exporting, offering for sale and in any other manner dealing in or with safety I. V. catheters / cannulae or other device or apparatus that infringes the subject matter of the plaintiff's registered patent number 210062. The plaintiffs also seeks an ad interim injunction restraining the defendants from manufacturing, selling, offering for sale, distributing, exporting, advertising or dealing in any safety I. V. catheters / cannulae under the trademark "vasofix (r) Safety (tm)' or any other mark which uses the plaintiffs' alleged confidential information, know-how, trade secrets, data, technical input, drawings, materials and / or any other resource derived by the defendants from the plaintiffs.

(2.) ACCORDING to the plaintiffs, the plaintiff No. 1 (B. Braun Melsungen ag), which is a company incorporated in Germany, supplies the global healthcare market with products for anesthesia, intensive medicine, cardiology, surgery as well as services for hospitals, general practitioners and the home care sector. The plaintiff No. 1 is said to innovate products and services with the object of optimizing working procedures in hospitals and medical practices all over the world and also focuses on improving safety for patients, doctors and nursing staff. The plaintiff No. 2 [b. Braun Medical (India) Pvt. Ltd] is a wholly owned subsidiary of B. Braun Medical Industries sdn. Bhd. , which, in turn, is a 100% subsidiary of the plaintiff No. 1.

(3.) IT is alleged that the plaintiff No. 2 launched its state of art production facility at Chennai on 30. 01. 2007 for the manufacture of products for the healthcare market. The plaintiff No. 1, inter alia, has a product which is an intravenous (I. V.) catheter, which is also known as I. V. cannula, with an injection port and self-activating needle stick protection.