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24 February 2017Patents

Condom makers clash in patent claim

Two global condom manufacturers are going toe-to-toe in a third patent infringement lawsuit brought by Australian company Ansell.

Ansell, seeking to protect its non-latex Skyn condom line, has squared off against Reckitt Benckiser for its distribution of the Durex RealFeel condom.

The suit alleged infringement of Ansell’s European patent number 2,280,618, called “Dip-formed synthetic polyisoprene latex articles with improved intraparticle and interparticle crosslinks”.

It was filed on Wednesday, February 22 at the English High Court .

This is the third claim brought by Ansell, which has filed similar suits against Reckitt in Australia and the US.

In November 2014, Ansell filed the first claim against Reckitt Benckiser Healthcare Australia and its related UK entity, Reckitt Benckiser Healthcare, in the New South Wales District Registry of the Federal Court of Australia.

A trial has already taken place and a decision from the Australian court is expected later this year.

Then, in October 2015, Ansell filed a second suit against Reckitt in the US District Court for the District of Delaware. The court has set a trial date in 2018.

In the latest claim, Ansell has requested a permanent injunction to stop Reckitt from importing Durex RealFeel into the UK and selling the product there.

It is also seeking damages, delivery or destruction of all infringing material, costs, interest and further relief as the court deems just and proper.

Bill Reilly, senior vice president and corporate general counsel at Ansell, said: “Ansell has broad patent coverage in the US, Europe, Australia, China, Israel, Japan, Mexico, New Zealand, Russia and South Africa, with coverage pending in Brazil, India and Korea.”

He added that Ansell has been battling Reckitt for over two years now to stop its “unauthorised infringement of Ansell’s highly valuable IP”.

“Ansell seeks only to stop the infringement and obtain whatever recompense the courts deem reasonable,” said Reilly.

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