US District Court Grants Smith & Nephew Endoscopy a Preliminary Injunction in Patent Infringement Case
November 29 2005 - 8:35AM
PR Newswire (US)
ANDOVER, Mass., Nov. 29 /PRNewswire-FirstCall/ -- Smith &
Nephew, Inc., Endoscopy Division a subsidiary of Smith & Nephew
plc (NYSE:SNN) (London Stock Exchange: SN) announced today that the
United States District Court in Oregon has granted a preliminary
injunction in Smith & Nephew's favor in a patent infringement
case against Arthrotek, Inc. and its parent, Biomet, Inc.
(NASDAQ:BMET). Smith & Nephew Endoscopy and Dr. John O.
Hayhurst sued Arthrotek and Biomet earlier this year, claiming that
Arthrotek's Surefire meniscal repair device infringed a U.S. patent
owned by Dr. Hayhurst and under exclusive license to Smith &
Nephew Endoscopy. The court concluded that Smith & Nephew had a
substantial likelihood of prevailing on its infringement charges
and that Arthrotek's defenses "lack substantial merit" with respect
to two claims of the asserted patent. The ruling enjoins Arthrotek
from manufacturing or selling the device in the United States. The
disputed patent covers Smith & Nephew Endoscopy's FASTFIX(TM)
Meniscal Repair System, launched years before Arthrotek's product
was brought to market. The FASTFIX Meniscal Repair System provides
a technique for minimally invasive repair to tears in the meniscus,
the cartilage that cushions the knee joint. The FASTFIX System will
be showcased during the fall meeting of the Arthroscopy Association
of North America (AANA) meeting being held later this week in
Phoenix. "We are very pleased with the court's decision," said Jim
Taylor, president, Smith & Nephew Endoscopy. "We will
continuously and vigorously protect our intellectual property
rights around the world." About Smith & Nephew: Smith &
Nephew (NYSE:SNNNYSE:LSE:NYSE:SN) (http://www.smith-nephew.com/) is
a global medical technology business, specializing in Endoscopy,
Orthopaedics and Advanced Wound Management products. Smith &
Nephew ranks as the global leader in arthroscopy and one of the
world's leaders in advanced wound management and is one of the
fastest growing orthopaedics companies in the world. Smith &
Nephew is dedicated to helping improve people's lives. The company
prides itself on the strength of its relationships with its surgeon
and professional healthcare customers, with whom its name is
synonymous with the highest standards of performance, innovation
and trust. The company has more than 8,000 employees and operates
in 33 countries around the world and generated sales of nearly $2.3
billion. 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
planned growth in our business and in our 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 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. Contact: Joe Metzger Smith & Nephew Endoscopy (978)
749-1330 DATASOURCE: Smith & Nephew, Inc. CONTACT: Joe Metzger
of Smith & Nephew Endoscopy, +1-978-749-1330 Web site:
http://www.smith-nephew.com/
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