Wake Forest University Health Sciences & Ors v (Smith & Nephew Plc & Anor

Wake Forest University Health Sciences & Ors v (Smith & Nephew Plc & Anor

There is a serious issue to be tried regarding the validity of the patent in light of the prior art. Damages would be difficult to quantify for either party. The balance of convenience favors preserving the status quo by granting an interim injunction, especially as the period until trial is short and Smith & Nephew have not yet entered the market. The cross-undertaking in damages must be extended to benefit customers who may have overpaid due to the injunction.

Parties
Claimant: Wake Forest University Health Sciences; Claimant: KCI Medical Limited; Claimant: KCI Medical Resources; Defendant: Smith & Nephew PLC; Defendant: Smith & Nephew Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
13 January 2009
Procedural Posture
Patent Infringement and Interim Injunction Application / Interlocutory Application for Interim Injunction Pending Trial
Outcome
Interim injunction granted pending trial or further order, conditional on cross-undertaking in damages.
Legal Topics
Interim Injunctions, Patent Validity, Anticipation, Obviousness, Cross Undertaking in Damages
Intellectual Property Patents Interim Injunctions Patent Validity Anticipation Obviousness Cross Undertaking in Damages

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Parties

Wake Forest University Health Sciences

Claimant

KCI Medical Limited

Claimant

KCI Medical Resources

Claimant

Smith & Nephew PLC

Defendant

Smith & Nephew Healthcare Limited

Defendant

Procedural Posture

Patent Infringement and Interim Injunction Application / Interlocutory Application for Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether to grant an interim injunction restraining the defendants from entering the market with foam dressing kits pending trial
  2. 2 Whether there is a serious issue to be tried regarding patent validity (anticipation and obviousness) based on prior art
  3. 3 Whether damages would be an adequate remedy for either party

Ratio Decidendi

There is a serious issue to be tried regarding the validity of the patent in light of the prior art. Damages would be difficult to quantify for either party. The balance of convenience favors preserving the status quo by granting an interim injunction, especially as the period until trial is short and Smith & Nephew have not yet entered the market. The cross-undertaking in damages must be extended to benefit customers who may have overpaid due to the injunction.

Court Disposition

Interim injunction granted pending trial or further order, conditional on cross-undertaking in damages.

Orders

  • Smith & Nephew restrained from entering the market with foam dressing kits pending trial or further order.
  • Trial to be expedited to March or shortly thereafter.