United States Patent Office Issues Decision in Re-examination Proceedings
25 July 2009 - 4:14AM
PR Newswire (US)
ST. PETERSBURG, Fla., July 24 /PRNewswire-FirstCall/ -- Smith &
Nephew Inc.'s Advanced Wound Management division (LSE:SN)(NYSE:SNN)
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. (NYSE:KCI), 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." For more information
regarding Smith & Nephew, please visit our Web site at
http://www.smith-nephew.com/ About Smith & Nephew Smith &
Nephew is a global medical technology business, specializing in
Orthopaedics, including Reconstruction, Trauma and Clinical
Therapies, Endoscopy and Advanced Wound Management. Smith &
Nephew is a global leader in arthroscopy and advanced wound
management and is one of the leading global orthopaedics companies.
Smith & Nephew is dedicated to helping improve people's lives.
The Company prides itself on the strength of its relationships with
its surgeons and professional healthcare customers, with whom its
name is synonymous with high standards of performance, innovation
and trust. The Company operates in 32 countries around the world.
Annual sales in 2008 were nearly $3.8 billion. Forward-Looking
Statements This press release contains certain "forward-looking
statements" within the meaning of the US Private Securities
Litigation Reform Act of 1995. In particular, statements regarding
expected revenue growth and trading margins discussed under
"Outlook" are forward-looking statements as are discussions of our
product pipeline. These statements, as well as the phrases "aim",
"plan", "intend", "anticipate", "well-placed", "believe",
"estimate", "expect", "target", "consider" and similar expressions,
are generally intended to identify forward-looking statements. Such
forward-looking statements involve known and unknown risks,
uncertainties and other important factors (including, but not
limited to, the outcome of litigation, claims and regulatory
approvals) that could cause the actual results, performance or
achievements of Smith & Nephew, or industry results, to differ
materially from any future results, performance or achievements
expressed or implied by such forward-looking statements. Please
refer to the documents that Smith & Nephew has filed with the
U.S. Securities and Exchange Commission under the U.S. Securities
Exchange Act of 1934, as amended, including Smith & Nephew's
most recent annual report on Form 20F, for a discussion of certain
of these factors. All forward-looking statements in this press
release are based on information available to Smith & Nephew as
of the date hereof. All written or oral forward-looking statements
attributable to Smith & Nephew or any person acting on behalf
of Smith & Nephew are expressly qualified in their entirety by
the foregoing. Smith & Nephew does not undertake any obligation
to update or revise any forward-looking statement contained herein
to reflect any change in Smith & Nephew's expectation with
regard thereto or any change in events, conditions or circumstances
on which any such statement is based. DATASOURCE: Smith &
Nephew CONTACT: Steve DiMattia, Managing Director of EVC Group,
Inc., +1-646-201-5445, for Smith & Nephew; or Other Inquiries,
Tom Dugan, President, North America of Smith & Nephew Advanced
Wound Management, +1-727-399-3743 Web Site:
http://www.smith-nephew.com/
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