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Smith&Nephew whacks KCI vacuum bandage in Germany

By Lawrence B. Ebert, Esq.

EarthTimes reports: Smith & Nephew Inc.'s Advanced Wound Management division announced that the German Federal Patent Court in Munich has held the Wake Forest patent for negative pressure (NPWT) licensed to Kinetic Concepts, Inc. invalid in Germany.

BUT from yahoofinance:

Kinetic Concepts, Inc. announced March 17 that the German Federal Patent Court has ruled that a German patent licensed to KCI from Wake Forest related to KCI?s V.A.C.® technology is invalid. The validity of the German patent (EP 0620720 (DE 69224847)) is being challenged by Medela, Mölnlycke Health Care AB, and Smith & Nephew plc. The decision is not final and KCI and Wake Forest intend to appeal the decision to the German Federal Supreme Court. The patent remains valid in Germany until a final ruling from the appellate court. While today?s patent decision may result in new devices being marketed in Germany, should KCI prevail on appeal, it would be entitled to damages.

See also:

All appellants lose at CAFC in KCI v. Blue Sky on vacuum bandages, wherein the patent was valid but not infringed.

Full post as published by IPBiz on March 18, 2009 (boomark / email).