Knobbe Martens Olson & Bear LLP today announced a major victory for its client, UK-based Smith & Nephew, a worldwide leader in wound care. On October 18, 2010, a Texas Federal Court ruled that patents licensed to San Antonio-based Kinetic Concepts, Inc. (KCI) on negative pressure wound therapy (NPWT) are invalid. NPWT is the treatment of difficult-to-heal open skin wounds with the application of negative pressure.
In a 37-page ruling, Judge Royal Furgeson of the United States District Court for the Western District of Texas discussed many of the early uses of NPWT presented by Smith & Nephew at a February jury trial. Those early uses were clear and convincing evidence requiring the Court to invalidate all of the asserted KCI patent claims for obviousness. In view of this ruling, the Court rejected KCI’s attempt to halt clinicians and patients from using Smith & Nephew’s NPWT products.
Smith & Nephew was represented in the matter by Knobbe Martens partners, Joseph Re, James Lesniak, Brenton Babcock, Sheila Swaroop, Christy Lea, and Ted Cannon. Commenting on the ruling, Re said, “We are obviously pleased with the result. Smith & Nephew is a terrific company to represent, and we appreciate the confidence that they place in us.”
