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KCI

KCI Announces it will Appeal German Patent Ruling

2009-03-18 14:44
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SAN ANTONIO--(BUSINESS WIRE)--Kinetic Concepts, Inc. (NYSE:KCI) announced today 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.”

About KCI

Kinetic Concepts, Inc. is a leading global medical technology company devoted to the discovery, development, manufacture and marketing of innovative, high-technology therapies and products for the wound care, tissue regeneration and therapeutic support system markets. Headquartered in San Antonio, Texas, KCI's success spans more than three decades and can be traced to a history deeply rooted in innovation and a passion for significantly improving the healing - and the lives - of patients around the world.

KCI's three primary businesses include:

Advanced Wound Care - Includes KCI's proprietary Vacuum Assisted Closure®, or V.A.C.® Therapy System, which has been clinically demonstrated to promote wound healing through unique mechanisms of action while reducing the overall cost of treating patients with complex wounds.

Regenerative Medicine - Represented by KCI's LifeCell business and includes tissue-based products for use in reconstructive, orthopedic and urogynecologic surgical procedures to repair soft tissue defects.

Therapeutic Support Systems - Includes specialty hospital beds, mattress replacement systems and overlays designed to address pulmonary complications associated with immobility, to reduce skin breakdown and assist caregivers in the safe and dignified handling of patients of size.

The company employs 7,000 people and markets its products in more than 20 countries. For more information about KCI, and how its products are changing the practice of medicine, visit www.KCI1.com.

Forward-Looking Statements

This press release contains forward-looking statements regarding the expected impact of the litigation ruling and the Company’s future plans. Forward-looking statements may contain words such as believes, expects, anticipates, estimates, projects, intends, should, seeks, future, continue, or the negative of such terms, or other comparable terminology. Forward-looking statements are subject to risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to vary materially from those expressed in or indicated by them. Additional risks and factors are identified in KCI's filings with the U.S. Securities Exchange Commission (the SEC), including its Annual Report on Form 10-K for the fiscal year ending December 31, 2008 which is available on the SEC's Web site at http://www.sec.gov. KCI undertakes no obligation to revise or update any forward-looking statement, or to make any other forward-looking statements, whether as a result of new information, future events or otherwise.

 

Contacts

Kinetic Concepts, Inc., San Antonio
Investor Relations:
Adam Rodriguez, +1-210-255-6197
adam.rodriguez@kci1.com
or
Media Relations:
Roger Bennett, +31-204-260-014
rbennett@kci-medical.com