The validity of the German patent is being challenged by Medela, Molnlycke Health Care, and Smith & Nephew. 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 the court’s ruling may result in new devices being marketed in Germany, should KCI prevail on appeal, it would be entitled to damages.
Stephen Seidel, executive vice president and general counsel of KCI, said: “We will continue to vigorously defend and enforce our intellectual property rights. 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 US patents which were upheld as valid by the US Court of Appeals in February 2009.”