Smith & Nephew PLC v Convatec Technologies Inc., High Court of Justice, Patents Court, London, UK, 12 December 2013,  EWHC 3955 (Pat)
The High Court has found that Smith & Nephew’s process for preparing silverised wound dressings did not infringe Convatec’s patent. Earlier development work which did infringe the patent and which was used to obtain regulatory (CE) approval for Smith & Nephew’s product did not justify the granting of a springboard injunction.
Background This case is the most recent in a series of disputes between Smith & Nephew and Convatec related to wound dressings. Convatec owns European Patent (UK) no. 1343510, entitled “Light Stabilized Antimicrobial Materials” (the “Patent”), and markets the wound dressing Aquacel Ag, which uses silver as the antimicrobial agent. Smith & Nephew developed a competing product, Durafibre Ag and planned a launch in the UK. In earlier proceedings (here), the Patent had been found to be valid in amended form, a decision which was upheld by the Court of Appeal (here).