Kinetic Concepts, Inc. (KCI) said that the US Court of Appeals for the Federal Circuit upheld the validity of two Wake Forest patents involved in the lawsuit against BlueSky Medical Group, Inc. (BlueSky Medical), Medela AG, and Medela, Inc. The Court also upheld the jury’s decision that the patent claims involved in the case are not violated by the gauze-based Versatile 1 system marketed by BlueSky, which was acquired by Smith & Nephew plc in May 2007.
“The Court’s decision confirms our belief that the fundamental intellectual property covering our revolutionary V.A.C.® technology is valid and enforceable,” said Catherine Burzik, KCI’s president and chief executive officer. “KCI will continue to enforce its intellectual property rights which allow us to invest in new technologies that help millions of patients around the world. We remain committed to new product offerings and improvements in the areas of negative pressure and V.A.C. therapy, which we expect to launch in the coming months.”