Kinetic Concepts Inc. (NYSE:KCI) today announced that the Federal District Court for the Western District of Texas issued its ruling on the Markman hearing in KCI's patent suit against BlueSky Medical. In its ruling, the Court construed certain terms of U.S. Patent No. 5,636,643 ("the '643 patent") and ruled that other terms were definite and did not require construction by the Court. "We are pleased with the Court's Markman ruling," said Dennert O. Ware, President and CEO of KCI. "We believe the ruling is an important development in our efforts to protect our intellectual property assets." The Court has separately granted leave for both sides to file amended pleadings in the case. KCI's amended pleadings assert infringement of an additional patent, U.S. Patent number 5,645,081 ("the '081 patent"). The '643 and '081 patents are both owned by Wake Forest University and licensed exclusively to KCI. The Defendants' amended pleadings include additional anti-trust allegations against KCI. As a result of the amended pleadings, it is possible that an additional Markman hearing could be held. A new trial date has not yet been set for the case.

Posted by GEN-ERIC at 12:58:13 am into the following categories: In The News

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