Injunction Lifted
Smith & Nephew Plc
11 May 2005
Smith & Nephew Endoscopy - Injunction on Bi-polar Sales Lifted
11 May 2005
The United States Court of Appeals for the Federal Circuit announced its
decision following Smith & Nephew's appeal of a District Court judgement. The
Appeals Court has lifted the injunction which prohibited Smith & Nephew from
manufacturing or selling bipolar radio frequency products in the United States.
The Court of Appeals has also found that one out of three of ArthroCare's
patents in this case is invalid. Separately, in recent re-examination
proceedings, the United States Patent & Trademark Office (USPTO) rejected claims
of the other two US patents asserted against Smith & Nephew by ArthroCare.
We are encouraged by these decisions of the Court and the USPTO. We look
forward to presenting our case before the Delaware District Court.
Enquiries
Investors / Media
Liz Hewitt Tel: +44 (0) 20 7960 2256
Smith & Nephew Group Director Corporate Affairs
Media
Joe Metzger
Director, Corporate Communications, Endoscopy Tel: +1 978 749 1330
Financial Dynamics
Deborah Scott / David Yates - London Tel: +44 (0) 20 7831 3113
Jonathan Birt - New York Tel: +1 212 850 5634
About us
Smith & Nephew is a global medical technology business, specialising in
Orthopaedics, 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 8,000
employees and operates in 33 countries around the world generating annual sales
of £1.25 billion.
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 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.
This information is provided by RNS
The company news service from the London Stock Exchange
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