Oct 19 2010
The U.S. District Court for the Western District of Texas has issued a decision in the patent litigation between Kinetic Concepts, Inc. (NYSE:KCI), Wake Forest University and Smith & Nephew, Inc. The Court held that the patent claims licensed by KCI from Wake Forest University and asserted in this litigation are invalid. KCI will continue to analyze the Court's ruling and assess its next steps including, among other options, a request for reconsideration or an appeal to the Court of Appeals for the Federal Circuit. This ruling does not affect any other patents in KCI's extensive negative pressure intellectual property portfolio.
“We have successfully competed for years against other NPWT products. This decision will not change the fact that we offer the most proven and innovative NPWT solutions in the marketplace, backed by the vast majority of clinical evidence and the broadest clinical expertise and field service in the industry.”
"We strongly disagree with the Court's decision, which effectively sets aside the jury verdict from March 2010," said Cathy Burzik, KCI president and CEO. "We have successfully competed for years against other NPWT products. This decision will not change the fact that we offer the most proven and innovative NPWT solutions in the marketplace, backed by the vast majority of clinical evidence and the broadest clinical expertise and field service in the industry."