Kinetic Concepts Inc. (KCI) said that the Federal Court of Australia issued a temporary injunction prohibiting Smith & Nephew Plc. (Smith & Nephew) from selling foam dressing kits for negative pressure wound therapy (NPWT) in Australia until the court issues further ruling. In its temporary injunction, the court has allowed Smith & Nephew to provide trial samples in limited circumstances during the interim.
KCI noted that Smith & Nephew is already prohibited by a UK court from selling the foam dressing kits, while courts in the US and Germany are also considering to grant of an injunction.
KCI expects to set a trial date on the infringement and validity of the patent in the Australian courts for 2010.
“We are pleased the Australian Court has granted this important injunction,” said Stephen Seidel, KCI executive vice president, chief administrative officer and general counsel. “This ruling helps confirm the importance of patents in a competitive and innovative environment. Protecting patents represents a fundamental step due any innovative company, and it encourages new and more effective alternatives for patients. Those in need of medical care deserve the best our industry has to offer – unique, innovative ideas that provide proven therapies for those administering and receiving care. Providing those ideas and therapies remains KCI’s top priority.”