Kinetic Concepts, Inc. (KCI), a wound care management company, announced that the German Federal Patent Court has ruled against the company. Court said that a German patent licensed to KCI from Wake Forest related to KCI's V.A.C. technology was invalid. This patent validity is being challenged by Medela AG, Molnlycke Health Care AB, and Smith & Nephew plc. KCI said the court ruling was not final and that it would appeal against it to the German Federal Supreme Court.
“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.”