Kinetic Concepts, Inc. announced 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.
“While we are disappointed with this ruling of the German Federal Patent Court, KCI remains confident in the validity of this patent,” said Catherine Burzik, KCI’s President and Chief Executive Officer. “As the global leader in advanced wound care, we remain committed to partnering with our customers while leveraging proven competencies and established infrastructure to effectively commercialize innovative systems and therapies in this market.”
“We will continue to vigorously defend and enforce our intellectual property rights,” commented Stephen Seidel, Executive Vice President and General Counsel of KCI. “This ruling is limited to the German patent at issue, and does not directly impact the other patents in KCI’s portfolio, including the two U.S. patents which were upheld as valid by the U.S. Court of Appeals in February 2009.”
Source: Kinetic Concepts Inc.