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ARTICLE · 28 OCTOBER 2009

Combination Patents: Smith & Nephew v Wake Forest University Health Sciences

Norton Rose Fulbright Australia
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In a recent decision, the Full Federal Court has set aside an interlocutory injunction granted against Smith & Nephew in June of this year. That injunction restrained Smith & Nephew from entering the Australian market for negative pressure wound treatment therapies.

AustraliaIntellectual Property
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Article by Andrew McRobert and Kristen Migliorini

In a recent decision, the Full Federal Court has set aside an interlocutory injunction granted against Smith & Nephew in June of this year. That injunction restrained Smith & Nephew from entering the Australian market for negative pressure wound treatment therapies. The case, Smith & Nephew v Wake Forest University Health Sciences, is interesting for the way in which the Court dealt with the interaction that is required between the various parts of a combination patent in order for the patent to be valid.

The invention in the case was directed to negative pressure wound therapy which utilises a suction pump to create negative pressure in the area of a patient's wound and a foam dressing which is sealed in the wound by means of an adhesive dressing. The pump is then connected to the wound by tubing through which the negative pressure is applied.

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