Kinetic Concepts Announces Issuance of Markman Ruling in BlueSky Patent Suit.SAN ANTONIO San Antonio (săn ăntō`nēō, əntōn`), city (1990 pop. 935,933), seat of Bexar co., S central Tex., at the source of the San Antonio River; inc. 1837. -- Kinetic Concepts Inc. (NYSE NYSE See: New York Stock Exchange :KCI KCI Kansas City International (airport) KCI Kennel Club of India KCI Key Club International KCI Korea Concrete Institute KCI Kitchener Collegiate Institute KCI Kids Central, Inc. KCI The Kitchen Collection, Inc. KCI Kodak Canada Inc. ) today announced that the Federal District Court for the Western District of Texas issued its ruling on the Markman hearing A Markman hearing is a pre-trial hearing in the United States court system during which a judge hears testimony from both parties on the appropriate meanings of the relevant key words used in the claims of a patent, the infringement of which is alleged by the plaintiff. 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. E[acute accent]"We are pleased with the Court's Markman ruling," said Dennert O. Ware, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of KCI. "We believe the ruling is an important development in our efforts to protect our intellectual property assets." E[acute accent]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. E[acute accent]The company plans to provide an update on the BlueSky litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. at its next regularly scheduled quarterly earnings call. E[acute accent]About KCI E[acute accent]Kinetic Concepts Inc. is a global medical technology company with leadership positions in advanced wound care and therapeutic surfaces. We design, manufacture, market and service a wide range of proprietary products that can significantly improve clinical outcomes while reducing the overall cost of patient care. Our advanced wound care systems incorporate our proprietary Vacuum Assisted Closure(R), or V.A.C.(R), technology, which has been clinically demonstrated to promote wound healing wound healing Physiology The repair of a wound Steps Inflammation, repair and closure, remodeling, final healing; repair of incisions may be either simple–'clean' wounds with little loss of tissue heal by 'primary intention', or 'dirty' wounds heal by and reduce the cost of treating patients with serious wounds. Our therapeutic surfaces, including specialty hospital beds, mattress replacement systems and overlays, are designed to address complications associated with immobility and obesity, such as pressure sores and pneumonia. We have an infrastructure designed to meet the specific needs of medical professionals and patients across all health care settings including acute care hospitals, extended care facilities and patients' homes both in the United States and abroad. E[acute accent]Forward-Looking Statements E[acute accent]This press release contains forward-looking statements including management's analysis of the Court's ruling and expectations for the timing and outcome of material litigation. The forward-looking statements contained herein are based on our current expectations and are subject to a number of uncertainties which could result in an unexpected outcome in the litigation described. All information set forth in this release is as of July 1, 2005. We undertake no duty to update this information. More information about our litigation is described in our Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the fiscal year ended December 31, 2004, and our Quarterly Report on Form 10-Q Form 10-Q See 10-Q. for the fiscal quarter ended March 30, 2005, which are on file with the SEC and available at the SEC's website at www.sec.gov. |
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