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KCI wins "negative pressure" US re-exams

By Lawrence B. Ebert, Esq.

A press release on July 24 from patent challenger Smith & Nephew indicates that Kinetic Concepts [KCI] has won a round in the US re-examination fight but suggests outcomes have been different in other jurisdictions (countries):

Smith & Nephew Inc.'s Advanced Wound Management division announced that the United States Patent and Trademark Office (Patent Office) has issued actions in re-examination proceedings involving three of the negative pressure wound therapy (NPWT) patents licensed to Kinetic Concepts, Inc. , confirming the patentability of the re-examined claims. The re-examination proceedings are still pending, and Smith & Nephew intends to pursue its appeal rights.

These actions from the Patent Office do not affect Smith & Nephew's ability to defend the pending U.S. district court lawsuit, and do not affect Smith & Nephew's ability to continue to sell any of its NPWT products in the U.S., including foam products.

"Smith and Nephew entered the NPWT marketplace to meet the clear demand for options that enable clinicians to use NPWT with their own best clinical judgment," said Tom Dugan, President, North America, Advanced Wound Management. "We have been confident in our IP position from the onset, and convinced that competition in this marketplace would bring value to customers and ultimately help physicians and their patients. Our position has been validated by courts in Germany and the United Kingdom, which revoked KCI's European counterpart patent in lawsuits KCI brought against Smith & Nephew in those countries, and we remain confident of our position as we approach pending litigation in the U.S. and Australia."

The patents originated in work done at Wake Forest University.

Full post as published by IPBiz on July 25, 2009 (boomark / email).