Baxter (NYSE:BAX) and its subsidiary Gambro filed a patent infringement lawsuit against B. Braun last week, claiming that the German medical device maker’s Omni blood purification system infringes on seven of the patents covering Baxter’s Prismaflex system.
The devices are used to treat patients who have acute kidney injuries and need help filtering out the waste products that accumulate in the blood.
Both the Omni system and the Prismaflex system deliver continuous renal replacement therapy – a form of hemodialysis where the patient’s blood is removed and processed through a hemofilter.
Baxter alleges that B. Braun’s product infringes on a number of the features covered by patents owned by Baxter. In the company’s initial compliant, it points to features like cartridge housings attached to the blood passage and the filtrate line that extend outwardly from the system, which Baxter says infringes upon U.S. Patent No. 6,887,214.
B. Braun’s Omni blood purification system has only been on the U.S. market since November. But Baxter argued in its complaint that B. Braun’s infringement on the seven named patents will result in loss of market share for the Prismaflex system.
“Such losses cannot be adequately compensated by money damages,” the company wrote.
Baxter asked the U.S. Court for the Eastern District of Pennsylvania to stop B. Braun from infringing upon Baxter’s patents and to cover the company’s costs and legal fees.
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