A Medical Device Daily

Kinetic Concepts (KCI; San Antonio) reported 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 (S&N; London). The temporary injunction, which was issued in June, prohibited S&N 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 S&N 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 (Winston-Salem, North Carolina).

"We are looking forward to the trial in June 2010 where the court will have the opportunity to fully consider our case," said Stephen 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."