US District Court Grants Smith & Nephew Endoscopy a Preliminary Injunction in Patent Infringement Case

ANDOVER, Mass., Nov. 29  /PRNewswire-FirstCall/ -- Smith & Nephew, Inc., Endoscopy Division a subsidiary of Smith & Nephew plc (NYSE:SNN) (London Stock Exchange: SN) announced today that the United States District Court in Oregon has granted a preliminary injunction in Smith & Nephew's favor in a patent infringement case against Arthrotek, Inc. and its parent, Biomet, Inc. (NASDAQ:BMET).

Smith & Nephew Endoscopy and Dr. John O. Hayhurst sued Arthrotek and Biomet earlier this year, claiming that Arthrotek's Surefire meniscal repair device infringed a U.S. patent owned by Dr. Hayhurst and under exclusive license to Smith & Nephew Endoscopy.  The court concluded that Smith & Nephew had a substantial likelihood of prevailing on its infringement charges and that Arthrotek's defenses "lack substantial merit" with respect to two claims of the asserted patent.  The ruling enjoins Arthrotek from manufacturing or selling the device in the United States.

The disputed patent covers Smith & Nephew Endoscopy's FASTFIX(TM) Meniscal Repair System, launched years before Arthrotek's product was brought to market. The FASTFIX Meniscal Repair System provides a technique for minimally invasive repair to tears in the meniscus, the cartilage that cushions the knee joint.  The FASTFIX System will be showcased during the fall meeting of the Arthroscopy Association of North America (AANA) meeting being held later this week in Phoenix.

"We are very pleased with the court's decision," said Jim Taylor, president, Smith & Nephew Endoscopy. "We will continuously and vigorously protect our intellectual property rights around the world."

About Smith & Nephew:

Smith & Nephew (NYSE:SNNNYSE:LSE:NYSE:SN) (http://www.smith-nephew.com/) is a global medical technology business, specializing in Endoscopy, Orthopaedics and Advanced Wound Management products.  Smith & Nephew ranks as the global leader in arthroscopy and one of the world's leaders in advanced wound management and is one of the fastest growing orthopaedics companies in the world.

Smith & Nephew is dedicated to helping improve people's lives. The company prides itself on the strength of its relationships with its surgeon and professional healthcare customers, with whom its name is synonymous with the highest standards of performance, innovation and trust. The company has more than 8,000 employees and operates in 33 countries around the world and generated sales of nearly $2.3 billion.

This press release contains certain "forward-looking statements" within the meaning of the US Private Securities Litigation Reform Act of 1995. In particular, statements regarding planned growth in our business and in our operating margins discussed under "Outlook" are forward-looking statements as are discussions of our product pipeline. These statements, as well as the phrases "aim", "plan", "intend", "anticipate", "well-placed", "believe", "estimate", "expect", "target", "consider" and similar expressions, are generally intended to identify forward-looking statements. Such forward- looking statements involve known and unknown risks, uncertainties and other important factors (including, but not limited to, the outcome of litigation and regulatory approvals) that could cause the actual results, performance or achievements of Smith & Nephew, or industry results, to differ materially from any future results, performance or achievements expressed or implied by such forward-looking statements. 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 20F, for a discussion of certain of these factors.

All forward-looking statements in this press release are based on information available to Smith & Nephew as of the date hereof. All written or oral forward-looking statements attributable to Smith & Nephew or any person acting on behalf of Smith & Nephew are expressly qualified in their entirety by the foregoing. Smith & Nephew does not undertake any obligation to update or revise any forward-looking statement contained herein to reflect any change in Smith & Nephew's expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based.

  Contact:
  Joe Metzger
  Smith & Nephew Endoscopy
  [phone]


DATASOURCE: Smith & Nephew, Inc.



CONTACT:  Joe Metzger of Smith & Nephew Endoscopy, [phone]



Web site:  http://www.smith-nephew.com/

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