MEMPHIS, Tenn., Jan. 12 /PRNewswire-FirstCall/ -- Smith & Nephew Inc., , the global medical technology business, is pleased to announce that a three judge panel of the United States Court of Appeals for the Federal Circuit has denied a stay of injunction while appeals are heard in a patent infringement suit. The permanent injunction was ordered on September 28, 2006 and bars Synthes (U.S.A.) and Synthes-Stratec, Inc. from offering, selling or promoting Synthes Trochanteric Fixation Nail (TFN) and Proximal Fixation Nail (PFN) products in the United States for use in repairing intertrochanteric fractures.
“Once again the court has clearly affirmed the severity of this patent breach,” said Mark Augusti, president of Smith & Nephew Orthopaedic Trauma & Clinical Therapies. “Upholding the injunction, especially during any appeals process, strongly supports the defense of our intellectual property.”
Smith & Nephew filed the original suit against Synthes in November 2002. A non-jury trial that began in December 2004 concluded in March of 2005, with Judge Samuel Mays, Jr. issuing his findings supporting the injunction order on September 28, 2006.
Editors note:
Intramedullary nails are placed inside the bone to aid in the healing of bone fractures. Smith & Nephew’s TRIGEN* 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, specializing in Orthopaedic Trauma & Clinical Therapies, Orthopaedic Reconstruction, 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 $2.6 billion in 2005.
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 trading 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.
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Smith & Nephew Inc.
CONTACT: Victor Rocha of Smith & Nephew Inc., +1-901-399-6771
