A Texas jury handed a win to Kinetic Concepts Inc. (NYSE:KCI) in its wound care war with Smith & Nephew (NYSE:SNN), ruling that the British medical products conglomerate infringed a pair of KCI-licensed patents with its Renasys-F negative-pressure wound therapy.
The jury in the U.S. District Court for Western Texas decided that the Smith & Nephew product violates a pair of patents owned by Wake Forest University and licensed to KCI, which sued Smith & Nephew for patent infringement in 2008. The jury found that KCI showed it lost about $900,000 in profits and about $143,000 in lost royalties due to the infringement, which also cost Wake Forest roughly $186,000 in lost royalties, according to court documents.
For its part, Smith & Nephew said it was "surprised and disappointed" at the verdict, "which Smith & Nephew believes are contrary to the facts and the law." The company said it would continue to press its invalidity claims against the patents, as there’s still a chance that the court will rule in its favor because the jury’s finding that the patents are valid was "merely advisory," according to a press release. Smith & Nephew said it will also file post-trial motions seeking to overturn the verdict.
It’s the latest round in a long-running NPWT war between the two companies that has seen each side notch victories.