(Source: Business Wire)
Kinetic Concepts, Inc. (NYSE:KCI) announced today that the Full Court of
The Federal Court of Australia, Victoria District Registry has lifted a
temporary injunction in KCI's patent litigation with Smith & Nephew
(LSE:SN) (NYSE:SNN). The temporary injunction, which was issued in June
2009, prohibited Smith & Nephew from selling foam dressing kits for
negative pressure wound therapy (NPWT) in Australia. The temporary
injunction is being lifted until the trial court can rule on the merits
of the patent infringement case. The trial on the merits is scheduled to
take place in June 2010. KCI is seeking monetary damages and permanent
injunctive relief against Smith & Nephew in Australia for the marketing
and sale of NPWT dressing kits which KCI believes infringe a patent
licensed to KCI from Wake Forest University Health Sciences.
"We are looking forward to the trial in June 2010 where the Court will
have the opportunity to fully consider our case," said Stephen D.
Seidel, KCI's General Counsel. "We continue to believe that the Smith &
Nephew products infringe our IP and should be enjoined in Australia. The
intellectual property rights we hold in Australia and elsewhere enable
KCI to bring innovative and efficacious healthcare solutions to patients
and caregivers around the world."
About KCI
Kinetic Concepts, Inc. (NYSE:KCI) is a leading global medical technology
company devoted to the discovery, development, manufacture and marketing
of innovative, high-technology therapies and products for the wound
care, tissue regeneration and therapeutic support system markets.
Headquartered in San Antonio, Texas, KCI's success spans more than three
decades and can be traced to a history deeply rooted in innovation and a
passion for significantly improving the healing - and the lives - of
patients around the world.
The company employs 6,700 people and markets its products in more than
20 countries. For more information about KCI, and how its products are
changing the practice of medicine, visit www.KCI1.com.
Forward-Looking Statements
This press release contains forward-looking statements regarding
management's expectations for the outcome of litigation and the
company's future plans for the commercialization of new products.
Forward-looking statements may contain words such as believes, expects,
anticipates, estimates, projects, intends, should, seeks, future,
continue, or the negative of such terms, or other comparable
terminology. Forward-looking statements are subject to risks,
uncertainties, assumptions and other factors that are difficult to
predict and that could cause actual results to vary materially from
those expressed in or indicated by them. Additional risks and factors
are identified in KCI's filings with the U.S. Securities Exchange
Commission (the SEC), including its Annual Report on Form 10-K for the
fiscal year ending December 31, 2008 and Quarterly Report on Form 10-Q
for the quarter ended June 30, 2009, which are available on the SEC's
Web site at http://www.sec.gov.
KCI undertakes no obligation to revise or update any forward-looking
statement, or to make any other forward-looking statements, whether as a
result of new information, future events or otherwise.
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