Australia Court Issues Temporary Injunction Prohibiting Smith & Nephew from Selling Negative Pressure Wound Therapy Foam Dressing Kit
SAN ANTONIO – Kinetic Concepts, Inc. (NYSE: KCI) announced today that The Federal Court of Australia, Victoria District Registry, issued a temporary injunction prohibiting Smith & Nephew (LSE: SN; NYSE: SNN) from selling foam dressing kits for negative pressure wound therapy in Australia until the court can rule on the patent infringement action brought against Smith & Nephew by KCI. Smith & Nephew is allowed to provide trial samples in limited circumstances during the interim. A UK court already has issued an injunction against Smith & Nephew, and courts in the U.S. and Germany plan to consider the grant of an injunction. A trial date on the infringement and validity of the patent is expected to be set in the Australian courts for 2010.
"We are pleased the Australian Court has granted this important injunction," said Stephen Seidel, KCI Executive Vice President, Chief Administrative Officer and General Counsel. "This ruling helps confirm the importance of patents in a competitive and innovative environment. Protecting patents represents a fundamental step due any innovative company, and it encourages new and more effective alternatives for patients. Those in need of medical care deserve the best our industry has to offer - unique, innovative ideas that provide proven therapies for those administering and receiving care. Providing those ideas and therapies remains KCI's top priority."
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 March 31, 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.