Medtronic, Inc. announced that DFine Europe GmbH has accepted the terms of a preliminary injunction granted to Medtronic GmbH by a German Competition Court. The preliminary injunction stops DFine Europe GmbH from using certain misleading marketing claims related to Medtronic’s Kyphon® Balloon Kyphoplasty products in Germany.
On May 19, 2009, a German Competition Court issued a preliminary injunction for Medtronic GmbH against DFine Europe GmbH (District Court of Cologne, court file no. 33 0 147/09). With this preliminary injunction, DFine Europe GmbH was ordered to refrain from using certain promotional claims comparing its bone cement StabiliT™ ER2 to Medtronic’s KyphX® HV-R™ Bone Cement (now known as KYPHON® HV-R® Bone Cement).
A preliminary injunction under German law provides the claimant with the option to ask a competition court to issue a preventive measure against assumed anti-competitive behavior, including illegal advertising. DFine Europe GmbH has accepted the terms of the preliminary injunction as binding.