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Favorable verdict in gynecology patent infringement suit

Smith & Nephew (LSE: SN, NYSE: SNN), the global medical technology business, announces that earlier this week, a jury in the US District Court for Massachusetts (Boston) found on September 4, 2012 that Hologic, Inc. (Bedford, Mass.) infringed two US Patents held by Smith & Nephew (7226459 and 8061359). The patents relate to Smith & Nephew’s TRUCLEAR™ System and method for removing tissue from the uterus.

“We are pleased with the jury’s verdict,” said Mira Sahney, General Manager, Gynecology for Smith & Nephew. “We are extremely proud of the TRUCLEAR System and we will continue to vigorously defend our intellectual property, seeking to prevent competitors from unfairly profiting from Smith & Nephew’s innovation.”

Unlike other treatment options that use a high-frequency electric current, TRUCLEAR is a first-of-its-kind device that uses a simple mechanical approach to remove fibroids and polyps. By pairing the visualization capabilities of a hysteroscope with the tissue removal capabilities of a morcellator, TRUCLEAR allows healthcare practitioners to see inside the uterus; locate, capture and remove the growth; and suction out the debris without having to insert and remove multiple instruments.

Background

The initial lawsuit was filed against Interlace Medical (Framingham, Mass.) in June 2010. Interlace was acquired by Hologic, Inc. in January, 2011. Smith & Nephew asserted that Hologic’s MyoSureTM Tissue Removal System infringed a patent relating to its TRUCLEAR Hysteroscopic Morcellator. A second lawsuit filed in November 2011 added a claim for infringement of a patent covering a method of uterine tissue removal.  The verdict covered both of the asserted patents.   

Forward-looking Statements

This document may contain forward-looking statements that may or may not prove accurate. For example, statements regarding expected revenue growth and trading margins, market trends and our product pipeline are forward-looking statements. Phrases such as "aim", "plan", "intend", "anticipate", "well-placed", "believe", "estimate", "expect", "target", "consider" and similar expressions are generally intended to identify forward-looking statements. Forward-looking statements involve known and unknown risks, uncertainties and other important factors that could cause actual results to differ materially from what is expressed or implied by the statements. For Smith & Nephew, these factors include: economic and financial conditions in the markets we serve, especially those affecting health care providers, payors and customers; price levels for established and innovative medical devices; developments in medical technology; regulatory approvals, reimbursement decisions or other government actions; product defects or recalls; litigation relating to patent or other claims; legal compliance risks and related investigative, remedial or enforcement actions; strategic actions, including acquisitions and dispositions, our success in integrating acquired businesses, and disruption that may result from changes we make in our business plans or organisation to adapt to market developments; and numerous other matters that affect us or our markets, including those of a political, economic, business or competitive nature. Please refer to the documents that Smith & Nephew has filed with the U.S. Securities and Exchange Commission under the U.S. Securities Exchange Act of 1934, as amended, including Smith & Nephew's most recent annual report on Form 20-F, for a discussion of certain of these factors.

Any forward-looking statement is based on information available to Smith & Nephew as of the date of the statement. All written or oral forward-looking statements attributable to Smith & Nephew are qualified by this caution. Smith & Nephew does not undertake any obligation to update or revise any forward-looking statement to reflect any change in circumstances or in Smith & Nephew's expectations.

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