Kinetic Concepts, Inc.
KCI Announces it will Appeal German Patent Ruling
Published in Healthcare Finance, Tax and Law Weekly, April 1st, 2009
Kinetic Concepts, Inc. (NYSE:KCI) 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, Molnlycke 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.
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