MEMPHIS, Tenn., Sept. 1 /PRNewswire-FirstCall/ -- Smith & Nephew plc , the global medical technology business, today announced that the Federal District Court for the Western District of Tennessee ruled in a decision received by the company on August 31, 2005, that the Synthes' Trochanteric Fixation Nail (TFN) and Proximal Femoral Nail (PFN) products infringe patents owned by Smith & Nephew, and upheld the validity of these patents. (U.S. Patent numbers: U.S. 5,167,663 and U.S. 5,312,406.)
Smith & Nephew filed suit against Synthes in November 2002. A non-jury trial that began in December 2004 concluded in March of 2005, with Judge Samuel H. Mays, Jr. issuing his findings on August 31, 2005. Remedies for this infringement will be determined by the Court.
"We are pleased that that court has found all asserted claims in two of our key patents in the intramedullary nails area valid and enforceable," said David Illingworth, president of Smith & Nephew Orthopaedics. "We will continue to protect our intellectual property rights as we develop new and innovative products."
Editors note:
Intramedullary nails are placed inside the bone to aid in the healing of bone fractures. Smith & Nephew's TRIGEN(TM) Nail system is used in the healing of proximal femoral fractures (upper leg bone fractures)
About us
Smith & Nephew is a global medical technology business, specialising in Orthopaedics, Endoscopy and Advanced Wound Management products. Smith & Nephew is a global leader in arthroscopy and advanced wound management and is one of the fastest growing global orthopaedics companies.
Smith & Nephew is dedicated to helping improve people's lives. The company prides itself on the strength of its relationships with its surgeons and professional healthcare customers, with whom its name is synonymous with high standards of performance, innovation and trust. The company has over 8,500 employees and operates in 33 countries around the world generating annual sales of £1.25 billion.
Forward-Looking Statements
This press release contains certain "forward-looking statements" within the meaning of the US Private Securities Litigation Reform Act of 1995. In particular, statements regarding expected revenue growth and operating margins discussed under "Outlook" are forward-looking statements as are discussions of our product pipeline. These statements, as well as the phrases "aim," "plan," "intend," "anticipate," "well-placed," "believe," "estimate," "expect," "target," "consider" and similar expressions, are generally intended to identify forward-looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other important factors (including, but not limited to, the outcome of litigation, claims and regulatory approvals) that could cause the actual results, performance or achievements of Smith & Nephew, or industry results, to differ materially from any future results, performance or achievements expressed or implied by such forward- looking statements. Please refer to the documents that Smith & Nephew has filed with the U.S. Securities and Exchange Commission under the U.S. Securities Exchange Act of 1934, as amended, including Smith & Nephew's most recent annual report on Form 20F, for a discussion of certain of these factors.
All forward-looking statements in this press release are based on information available to Smith & Nephew as of the date hereof. All written or oral forward-looking statements attributable to Smith & Nephew or any person acting on behalf of Smith & Nephew are expressly qualified in their entirety by the foregoing. Smith & Nephew does not undertake any obligation to update or revise any forward-looking statement contained herein to reflect any change in Smith & Nephew's expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based.
Smith & NephewCONTACT: Victor Rocha of Smith & Nephew Orthopaedics, +1-901-399-6771
Web site: http://www.smith-nephew.com/