A Medical Device Daily
Smith & Nephew's (S&N; London) Advanced Wound Management division reported that the U.S. Patent and Trademark Office (USPTO) has rejected as unpatentable three of KCI's (San Antonio) negative pressure wound therapy (NPWT) patents during re-examination of the patents at Smith & Nephew's request.
USPTO found that prior art showed that almost all of the re-examined claims are not patentable, including the claims that require foam.
The Patent Office has granted KCI two months to respond to its decision. Smith & Nephew will have the opportunity to reply to KCI's response on one of the patents before the Patent Office issues its final decision.
"A positive final outcome in these re-examinations would clear the legal path for Smith & Nephew to continue providing wound care professionals with options for NPWT," said Robin Carlstein, senior VP of advanced wound devices at Smith & Nephew."Clearly, we are pleased with the Patent Office's findings in this matter thus far, and look forward to its resolution."