Dusseldorf – The Chinese medical device manufacturer Shenzhen Mindray Medical Instruments has been successful with a preliminary injunction against its competitor Shenzhen Comen Medical Instruments before the Dusseldorf Higher Regional Court. The dispute was triggered by a patent on certain functionalities of a valve used in a series of respiratory devices from both manufacturers. Shenzhen Comen had exhibited devices containing such a valve at the Medica trade fair in Dusseldorf in November 2022. Shenzhen Mindray obtained a preliminary injunction against Shenzhen Comen and thus a sales stop for valves of a certain type. The sales ban was later lifted by the Dusseldorf Regional Court. The Higher Regional Court has now overturned the decision and reinstated the interim injunction for respiratory machine valves of a certain type.
A CMS team led by partner Stefan Lüft provided comprehensive legal advice to the patent owner, Shenzen Mindray Medical Instruments, as lead counsel in all proceedings of the patent dispute. CMS previously also advised Mindray on copyright related issues. The team regularly assists German and international companies in cases involving industrial property rights such as patents, copyrights, trademarks, designs and unfair competition issues as well as know-how protection.
In the second-instance proceedings, a team by Allen & Overy was involved as co-counsel.
CMS Germany
Stefan Lüft, Lead Partner
Prof. Dr Winfried Bullinger, Partner
Sven Krause, Senior Associate
Markus Deck, Partner
Dr Huy Do Chi, Counsel
Dr. Maximilian Vonthien, Senior Associate
Sophie Terker, Senior Associate, all IP
Co-Counsel (Allen & Overy)
Stephan Neuhaus
Caroline Bley
Press Contact
presse@cms-hs.com
