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Stalemate for S&N, Kinetic patent row

This article was originally published in Clinica

Executive Summary

Smith & Nephew's ongoing patent row with wound care rival Kinetic Concepts reached another milestone this week when the US Court of Appeals upheld a previous ruling that gave S&N the all-clear to market its gauze-based negative pressure wound therapy (NPWT) products. The court found that S&N's Versatile 1 system, which the company gained through its acquisition of BlueSky Medical, did not infringe Kinetic's Wake Forest patents. However, this favourable ruling for S&N was tempered by another verdict which stated that two of Kinetic's patents were valid and enforceable. Investors welcomed the court's affirmation of Kinetic's technology by boosting the San Antonio, California firm's stock value – Kinetic shares climbed 8% to close at $26.06 on February 2. The two companies are also embroiled in litigation relating to S&N's foam-based NPWT products. In January, the UK patent court banned S&N temporarily from selling these foam dressings in the UK until a trial date is set (see Clinica No 1332, p 19).

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