The Advanced Wound Management division of Smith & Nephew, Inc., a subsidiary of Smith & Nephew plc. (LSE: SN; NYSE: SNN), notes the decision returned today by a jury in the patent litigation brought by Kinetic Concepts Inc. (NYSE: KCI) before the U.S. District Court for the Western District of Texas. In that case, the jury found U.S. Patent Nos. 5,645,081 and 7,216,651 to be infringed by Smith & Nephew's RENASYS-F (Foam) Dressing Kit, which delivers Negative Pressure Wound Therapy (NPWT) to patients in need. The jury also returned an advisory verdict that the '081 and '651 patents are not invalid. Because that verdict is merely advisory, the Court will later decide whether Smith & Nephew proved that the patents are invalid.
Smith & Nephew was surprised and disappointed by the jury findings, which Smith & Nephew believes are contrary to the facts and the law. Smith & Nephew will continue to pursue its invalidity claims before the district court, which will make its own determination regarding invalidity. Smith & Nephew will also pursue post-trial motions seeking to overturn the infringement verdict and damages award.
"While we are disappointed with the jury's findings, Smith & Nephew has had better results in other jurisdictions, including invalidating KCI's related patents in the United Kingdom and Germany. We remain firm in our belief that we do not infringe any valid U.S. patents," said Robin Carlstein, Senior Vice President, Smith & Nephew Advanced Wound Devices.
The RENASYS System enables clinicians to tailor NPWT to meet their patients' unique needs and the specific requirements of their wounds, with clear improvements in patient comfort, ease of use, and cost-effectiveness.
Smith & Nephew's RENASYS-G, the gauze-based NPWT platform, was not at issue in the Texas trial and will not be affected by its final outcome.
SOURCE Smith & Nephew Inc.