According to RTTNews, Smith & Nephew's Advanced Wound Management division has received a favourable ruling from the Court of Appeal for England and Wales in a patent infringement/ validity dispute with Kinetic Concepts Inc (KCI). The Court apparently concluded that KCI's patent for the use of foam dressing kits with negative pressure wound therapy systems was invalid, lifting a previously issued injunction against Smith & Nephew.The news item reports that KCI plans to appeal to the House of Lords, adding that this ruling is limited to the UK patent at issue and does not directly affect the other patents in KCI's portfolio or any other proceedings outside the UK.
Having failed to find either this Court of Appeal decision or a decision of the Patents Court on the BAILII website, and having found a dearth of news items on the internet, I wonder whether any readers of this blog have any further information concerning it. If so, please post a comment below or email me here
2 comments:
http://www.bristows.com/?pid=48&level=2&nid=112
The judgement is now available and can be found using the following information:
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
PATENTS COURT
Mr Roger Wyand QC
[2009] EWCH 908
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 31/07/2009
Before :
LORD JUSTICE WARD
LORD JUSTICE JACOB
and
MR JUSTICE WARREN
- - - - - - - - - - - - - - - - - - - - -
Between :
(1) WAKE FOREST UNIVERSITY HEALTH SCIENCES
(2) KCI MEDICAL LIMITED
(3) KCI MEDICAL RESOURCES (a company incorporated under the laws of Ireland)
Claimants/
Respondents
- and -
(1) SMITH & NEPHEW PLC
(2) SMITH & NEPHEW HEALTHCARE LTD RDefendants/
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