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DFine Europe GmbH Accepts Terms Of Preliminary Injuction Issued By German Court For Medtronic GmbH

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.

Josh Sandberg

Josh Sandberg is the President of Ortho Spine Partners and Partner for The De Angelis Group. He also serves as Co-Founder and Editor of OrthoSpineNews.

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