“The treatment of open wounds that are too large to spontaneously close has been a troublesome area for many years. Wound closure requires that epithelial and subcutaneous tissue adjacent to the wound migrate toward and eventually close the wound. Some wounds are sufficiently large or infected that they are unable to close spontaneously. In such instances, a zone of stasis, an area in which localized swelling of tissues restricts the flow of blood to these tissues, forms near the surface of the wound. Without sufficient blood flow, the wound is unable to successfully fight bacterial infection and accordingly is unable to close spontaneously. The most common techniques for closure of open wounds has long been the use of sutures or staples. These mechanical closure methods provide tension on the skin tissue at the wound border that encourages epithelial tissue to migrate toward the wound and cover it. While suturing and stapling of wounds is widely practiced, it has a major drawback: the tensile force required to achieve closure with sutures or staples causes very high localized stresses at the suture insertion points, resulting in the rupture of the tissue at these points. Substantial rupture will eventually cause dehiscence [ie tearing] in some wounds, which results in additional tissue loss. Moreover, some infected wounds harden and inflame to such a degree that closure by suturing is not feasible. Wounds not reparable by suturing or stapling generally require prolonged hospitalisation, with its attendant high costs, and major surgical procedures, such as grafts of surrounding tissue. Examples of such wounds include large, deep, open wounds, pressure sores resulting from prolonged pressure, ulcers resulting from chronic osteomyelitis, and partial thickness burns that subsequently develop into full thickness burns. To date, there has been no consistently satisfactory method for treating such wounds. What is needed is a method of closing the wound without the localized stresses that accompany suturing while at the same time treating any infection present in the wound along with a simple apparatus to carry out the method. Such a method and apparatus would reduce hospitalization and increase the probability of wound closure.” hospitalization and increase the probability of wound closure.”
“an apparatus for facilitating the healing of wounds which comprises vacuum means for creating a negative pressure on the area of tissue surrounding the wound, sealing means operatively associated with the vacuum means to maintain the negative pressure on the, wound, and screen means for preventing overgrowth of tissue in the wound area. A preferred embodiment of the invention comprises a section of open-cell foam configured to be placed over a wound, a flexible tube inserted into the foam section for attachment to a suction pump, and a flexible polymer sheet overlying the foam section and tubing and configured to be adhered to the skin surrounding the wound.”
“The screen means is placed over substantially the expanse of the wound to prevent its overgrowth. The size and configuration of the screen can be adjusted to fit the individual wound. It can be formed from a variety of porous semi-rigid materials. The material must be sufficiently porous to allow oxygen to reach the wound, and sufficiently rigid to prevent wound overgrowth. Most preferred is the use of an open-cell polymer foam, which permits direct connection of the screen means to the vacuum means through a flexible hose inserted into the foam. Such foam can vary in thickness and rigidity, although it is preferred that a spongy material be used for the patient's comfort if the patient must lay upon the device during its operation. It can also be perforated to reduce its weight. Another embodiment comprises a section of honeycombed polyethylene sheet cut to the shape of the wound.”
“Suitable vacuum means includes any suction pump capable of providing at least 0.1 pound suction to the wound, and preferably up to 3 pounds suction, and most preferably up to 14 pounds suction, and a flexible hose that leads from the pump to a point within the pressurized volume created by the sealing means. The pump can be any ordinary suction pump suitable for medical purposes that is capable of providing the neces[s]ary suction. The dimension [sic] of the tubing are limited only by the pump’s ability to provide the suction level neede[d] for operation. A 1/4 inch diameter tube has proven suitable. The vacuum means may operate substantially continuously, or may operate cyclically with alternate periods of application and nonapplication of pressure to the wound.”
“The present invention relates to the healing of wounds and, more particularly, but not by way of limitation, to an apparatus for closing wounds that is compact, self-contained, and includes a disposable wound fluids canister.”
“One problem with the apparatus described in [Argenta] is that no means are disclosed for avoiding spread of infection from one patient to another or re-infection of the patient being treated. The problem is solved by the features of claim 1. In accordance with the present invention, there isprovided a therapeutic apparatus for stimulating healing of wounds, said apparatus including a housing that contains a vacuum pump and a chamber for holding a disposable wound drainage collection canister. The canister preferably resides within the chamber and connects at an outlet with the vacuum pump and at an inlet with a porous pad. The pad is placed over a wound and adhesively secured thereto to create a sealed environment at the wound. Thus, when the vacuum pump activates, it evacuates air from the canister and thence the wound environment, resulting in the application of negative pressure to the wound, which in turn tends to promote drainage of fluids flowing from the wound into the canister. After the canister is filled, it is removed from the chamber, disposed of, and replaced with another canister to continue therapy. Although the vacuum pump is designed to be reusable because of its more costly components, the apparatus utilizes a removable and disposable canister adapted to prevent contamination of the vacuum pump or the remainder of the apparatus. If the vacuum pump or other parts of the housing or the tubing leading to the pump from the canister became contaminated, the wound closure apparatus would have to be completely disassembled, thoroughly cleaned and possibly discarded. Disassembly and cleaning of the wound closure apparatus is extremely time and labour intensive, while disposal of the wound closure apparatus is expensive. Consequently, a removable and disposable canister prevents either of the above undesirable circumstances from occurring. It is, therefore, an object of the present invention to provide a wound closure apparatus that closes wounds without stressing the surrounding skin. It is another object of the present invention to render technology like that disclosed in [Argenta] available in a convenient, compact and self-contained, efficient and economically feasible system. It is also an object to optimize the safety and effectiveness of such a device, particularly from an infection control standpoint. It is a further object of the present invention to provide a wound closure apparatus that includes a removable and disposable wound fluids collection canister to protect the wound closure apparatus from contamination.”
“A high degree of reticulation in the polymer foam is desirable to achieve good permeability when the foam is under suction. Foams having at least 90% and especially at least 95% of interconnecting cells are preferred.”
“Chamber 18 [in the vacuum pump unit] is defined by integrally formed interior walls 100 and 101, top wall 102, bottom wall 103 and rear wall 104. … The wound fluids collection canister, illustrated in Figures 3-5, is received within chamber 18. Side walls 100 and 101 each include a key 29 and 30, respectively, the [sic] aid in alignment of wound fluids collection canister 19 within chamber 18.”
“As illustrated in Figures 3 to 6, canister 19 includes sidewalls 20 and 21, top wall 23, bottom wall 24, back wall 22 and front wall 25 that define the rectangular chamber for receiving blood, pus, and other fluids emitted from a wound. Sidewalls 20 and 21 include keyways 27 and 31 respectively, that receive a respective one of keys 29 and 30 to provide easy alignment of canister 19 within chamber 18.”
“As illustrated in Figures 2, 4 and 6, canister 19 includes outlet 44 that mounts over port 45 to permit wound closure apparatus 10 to draw wound fluids into canister 19. Outlet 44 is cylindrically shaped and formed as an integral part of back wall 22 by outer wall 33 and inner wall 50 which are interconnected by end wall 34. Passageway 52, defined in part by interior wall 50 and in part by filter cap 49, provides the actual conduit for outlet 44 between the interior and exterior of canister 19. The placement of canister 19 within recess 18 such that outlet 44 resides over port 45 couples canister 19 to a vacuum pump. The vacuum pump removes air from canister 19 to create vacuum pressure within canister 19. That vacuum pressure is then transmitted to a wound site through hoses 37 and 38…”
“After receiving and storing the user selected operational parameters and receiving an on signal due to the pressing of on/off button 78, microcontroller 72 activates pump motor 83 which, in turn, drives vacuum pump 84 to begin the removal of air from canister 19.”
“Microcontroller 72 controls pump motor 83 by varying the amount of voltage received by pump motor 83. That is, microcontroller 72 receives the 12V DC signal from DC power supply 71 and outputs a voltage between 0 and 12V DC to pump motor 83 to control its speed in accordance with the user selected vacuum pump pressure value. Accordingly, microcontroller 72 employs feedback to ensure that the wound experiences the user selected vacuum pump pressure. If the target pressure is not reached after a period of five minutes, microcontroller 72 deactivates motor 83 and sounds the audible alarm. Additionally, the feedback signal prevents maximum vacuum pump pressure from being exceeded. If the wound pressure measured by transducer 75 exceeds a maximum safe vacuum pump pressure, microcontroller 72 deactivates pump motor 83. Wound closure apparatus 10 includes fan 74 to cool pump motor 83 and printed circuit board or chassis 200 during the operation of the wound closure apparatus 10. In the preferred embodiment, microcontroller 72 controls fan 74 to always operate while power is being supplied. In alternative embodiments, however, microcontroller 72 controls fan 74 to operate only in relation to motor 83, because it is only necessary for fan 74 to operate if motor 83 is also operating. In such alternative, as long as pump motor 83 operates, microcontroller 72 runs fan 74. However, when microcontroller 72 deactivates pump motor 83 it also deactivates fan 74. Control system 70 includes fill sensor 64 to provide a signal to microcontroller 72 that indicates when canister 19 is completely filled with wound fluids. After receiving a signal from fill sensor 64, microcontroller 72 deactivates pump motor 83 and fan 74 and activates alarm 95 to signal the user that canister 19 must be replaced.”
“[1] A therapeutic apparatus for stimulating healing of a wound in mammals which comprises [2] a porous pad which is permeable to fluids for introduction into the wound, [3] a dressing for covering the wound and providing an air-tight seal therearound, [4] a drainage tube connecting the pad to a suction pump contained in a housing so that negative pressure can be applied to the wound, to draw fluids therefrom, [5] said tube being connected to the pump via a disposable canister for collecting fluids sucked from the wound, [6] said canister having an inlet connected to the drainage tube and a suction port connected to the pump, [7] said suction port incorporating a filter to prevent passage of liquid therethrough [8] and said canister and said housing having a guide for aligning the container in a recess in the housing such that the suction port is connected to the pump, [9] a latch for engaging with and releasably holding the canister in the recess and [10] means for detecting when the canister is substantially filled with liquid and generating a signal which causes the pump to be deactivated.”
“[11] wherein said pad is a polymer foam having interconnecting cells.”
“In order to prevent liquids sucked into the canister from splashing directly onto cap 49, which masks the outlet 44, and to reduce foaming within the canister, inlet 35 has a blind inner end. … It is desirable to avoid foaming because this can give a false reading when a capacitance sensing device is used to sense when the canister is filled. An anti-foaming material, e.g. a silicone may be added to the canister, e.g. by coating the interior walls. It may also be advantageous to include a gelforming substance, e.g. a polyacrylamide or modified starch in order to immobilise the drainage fluid. This is particularly useful if the apparatus is likely to be tilted.”
“In removing fluids from a wound utilizing wound closure apparatus 10, a major safety concern is preventing wound fluids from contaminating the vacuum pump. Accordingly, filter 46 mounts over outlet 44 utilizing filter carrier 48 and filter cap 49 to block the flow of wound fluids to outlet 44 so that wound fluids remain within canister 19 and do not flow into the vacuum pump. In this preferred embodiment, filter 46 is a 0.2 micron hydrophobic membrane filter providing a bacterial barrier, although other filters may be substituted as appropriate.”
“[1] A disposable canister for use in wound dressing treatment apparatus comprising a wound dressing pad and a suction pump for applying negative pressure to the wound dressing pad, [2] said canister comprising a moulded plastics container having an inlet connected to a flexible inlet tube and an outlet for connection to the suction pump, [3] said outlet incorporating a bacterial filter and said inlet tube having a quick disconnect coupling device for connection to a flexible drainage tube leading to the wound dressing pad [4] and said inlet tube including clamp means for preventing escape of liquid from the container.”
“[5] [the canister] includes a gel-forming substance which is capable of immobilising drainage fluids within the canister.”
“[1] A canister as claimed in any of the preceding claims in combination with a wound dressing pack, [2] the wound dressing pack comprising a reticulated open-celled foam pad having at least 90% of interconnecting cells [3] and being connected to a drainage tube terminating in a quick disconnect coupling device adapted to couple with coupling device, attached to the inlet tube which is attached to the inlet of the canister, [4] said drainage tube including clamp means to prevent the drainage tube leaking liquid when the coupling devices are disconnected.”
“Any person who has duly filed in or for any State party to the Paris Convention for the Protection of Industrial Property, an application for a patent or the registration of a utility model or for a utility certificate or for an inventor’s certificate, or his successors in title, shall enjoy, for the purpose of filing a European patent application in respect of the same invention, a right of priority during a period of twelve months from the date of filing of the first application.”
“Any person who has duly filed an application for a patent, or the registration of a utility model, or of an industrial design, or of a trademark, in one of the countries of the Union, or his successor in title, shall enjoy, for the purposes of filing in the other countries, a right of priority during the periods hereinafter fixed.”
“93. So art.4 specifies a person is to enjoy a right of priority if he has filed a relevant application for a patent or if he is the successor in title to such a person. Successor in title here must mean successor in title to the invention, as the parties before me agreed. Further, any person wishing to take advantage of the priority of such a filing must be required to make an appropriate declaration. 94. Both elements of art.4 are reflected in s.5 of the Act which requires a declaration made by the applicant which complies with the relevant rules and specifies one or more earlier relevant applications made by the applicant or a predecessor in title. 95. In my judgment, the effect of art.4 of the Paris Convention and s.5 of the Act is clear. A person who files a patent application for an invention is afforded the privilege of claiming priority only if he himself filed the earlier application from which priority is claimed or if he is the successor in title to the person who filed that earlier application. If he is neither the person who filed the earlier application nor his successor in title then he is denied the privilege. Moreover, his position is not improved if he subsequently acquires title to the invention. It remains the case that he was not entitled to the privilege when he filed the later application and made his claim. Any other interpretation would introduce uncertainty and the risk of unfairness to third parties. In reaching this conclusion I derive a measure of comfort from the fact that the Board of Appeal of the EPO has adopted the same approach to the interpretation of art.87 EPC in two cases: J19/87 and T62/05.”
“I hereby assign and agree to assign to the Company [i.e. KC Inc] all right, title and interest in all confidential information, inventions and improvements conceived or developed by me, alone or in conjunction with others, during my employment and for a period of three (3) years after termination for whatever reason, which relate to any phase of the Company’s business. In addition, I will communicate promptly to the Company all such inventions and improvements and will sign all documents reasonably requested by the Company to evidence the fact that such inventions and improvements are the sole and exclusive property of the Company and will do all things necessary to enable the Company to file patent applications on the inventions throughout the world.”
“At common law assignments of future choses in action were void, for no one could assign what he had not got. But in equity any such purported assignment made for valuable consideration has always been treated as a contract to assign in the future if and when the chose comes into existence. The principle that equity regards as done that ought to be done is applied so that, once the assignor has received the valuable consideration and become possessed of the property, the beneficial interest in the property passes to the assignee immediately…”
“A patent for an invention may be granted- (a) primarily to the inventor or joint inventors; (b) in preference to the foregoing, to any person or persons who, by virtue of an enactment or rule, or any foreign law or treaty or international obligation, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of making of the invention entitled to the whole of the property in it (other than equitable interests) in the United Kingdom; (c) in any event, to the successor or successors in title of any person or persons mentioned in paragraph (a) or (b) above or any person so mentioned and the successor or successors in title of another person so mentioned; and to no other person.” (a) primarily to the inventor or joint inventors; (b) in preference to the foregoing, to any person or persons who, by virtue of an enactment or rule, or any foreign law or treaty or international obligation, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of making of the invention entitled to the whole of the property in it (other than equitable interests) in the United Kingdom; (c) in any event, to the successor or successors in title of any person or persons mentioned in paragraph (a) or (b) above or any person so mentioned and the successor or successors in title of another person so mentioned; and to no other person.”
“You will observe that in the PCT application, we designated all available states and that we designated Mediscus Products Limited as the applicant for the GB designation. The latter is a device to ensure that the British Patent Office can act properly as the Receiving Office for the PCT application and ensure that the requested filing date will be accorded. Once we have the filing receipt for the PCT application, we can assign the GB designation to KCI. However, since it is possible that the GB designation will lapse in favour of an EPO designation when we reach the national phase it may not be necessary to make any change in the applicants.”
“I request the opportunity of correcting a clerical error in the request form which was filed with the divisional application. This application is made for correction under Rule 88. The correction required is to add Mediscus Products Limited of 10 Westminster Road, Wareham, Dorset BP20 4SP as a second applicant for GB. The error was a clerical one and was made at the time when the writer (the European representative) was absent from the office undergoing surgery. The applicant for the parent application was Kinetic Concepts, Inc for all designated European states, together with Mediscus Products Limited as joint applicants for GB. During the prosecution of the parent application, the name of the applicant was occasionally referred to as Kinetic Concepts, Inc for short without including a reference to the second applicant. For this reason, when the divisional application was prepared, the person who prepared the document erroneously entered the applicants on the request form as Kinetic Concepts, Inc only for all states. It is, however, clear on the face of the documents (see, for example, the published PCT application), that the applicants should have been Kinetic Concepts, Inc, and Mediscus Products Limited, and that nothing else could have been intended.”
“The term ‘a person’ in Article 87(1) EPC (or ‘an applicant’ in Article 88(1) EPC) implies that the applicant be the same for ‘the first application’ (or ‘previous application in Article 88(1) EPC) and for the later application for which a priority right is claimed. The required identity for the applicants originates in that the priority right is part of the applicants right. In the case of D1 in which two co-applicants (Terumo and Tokin) are present, this means that the priority right belongs simultaneously and jointly to the two applicants, who thus constitute a legal unity unless one of them decides to transfer his right to the other applicant, who then becomes his successor in title and this before the filing of the later application. Since no evidence for such a transfer was submitted to the Board, D1, independently of the question of the same invention, could only serve as a basis for claiming a priority right for the filing of a later application designating both applicants. But since the present application was only filed by one applicant (Terumo), D1 could not represent the ‘first application’ within the meaning of Article 87(1) EPC.”
“It has never been easy to differentiate between common general knowledge and that which is known by some. It has become particularly difficult with the modern ability to circulate and retrieve information. Employees of some companies, with the use of libraries and patent departments, will become aware of information soon after it is published in a whole variety of documents; whereas others, without such advantages, may never do so until that information is accepted generally and put into practice. The notional skilled addressee is the ordinary man who may not have the advantages that some employees of large companies may have. The information in a patent specification is addressed to such a man and must contain sufficient details for him to understand and apply the invention. It will only lack an inventive step if it is obvious to such a man. It follows that evidence that a fact is known or even wellknown to a witness does not establish that that fact forms part of the common general knowledge. Neither does it follow that it will form part of the common general knowledge if it is recorded in a document. As stated by the Court of Appeal in General Tire & Rubber Co. v. Firestone Tyre & Rubber Co. Ltd. [1972] R.P.C. 457, at page 482, line 33: ‘The two classes of documents which call for consideration in relation to common general knowledge in the instant case were individual patent specifications and `widely read publications'. As to the former, it is clear that individual patent specifications and their contents do not normally form part of the relevant common general knowledge, though there may be specifications which are so well known amongst those versed in the art that upon evidence of that state of affairs they form part of such knowledge, and also there may occasionally be particular industries (such as that of colour photography) in which the evidence may show that all specifications form part of the relevant knowledge. As regards scientific papers generally, it was said by Luxmoore, J. in British Acoustic Films (53 R.P.C. 221 at 250): “In my judgment it is not sufficient to prove common general knowledge that a particular disclosure is made in an article, or series of articles, in a scientific journal, no matter how wide the circulation of that journal may be, in the absence of any evidence that the disclosure is accepted generally by those who are engaged in the art to which the disclosure relates. A piece of particular knowledge as disclosed in a scientific paper does not become common general knowledge merely because it is widely read, and still less because it is widely circulated. Such a piece of knowledge only becomes general knowledge when it is generally known and accepted without question by the bulk of those who are engaged in the particular art; in other words, when it becomes part of their common stock of knowledge relating to the art.”
“It is certainly difficult to appreciate how the use of something which has in fact never been used in a particular art can ever be held to be common general knowledge in the art.”
“In my judgment it is not sufficient to prove common general knowledge that a particular disclosure is made in an article, or series of articles, in a scientific journal, no matter how wide the circulation of that journal may be, in the absence of any evidence that the disclosure is accepted generally by those who are engaged in the art to which the disclosure relates. A piece of particular knowledge as disclosed in a scientific paper does not become common general knowledge merely because it is widely read, and still less because it is widely circulated. Such a piece of knowledge only becomes general knowledge when it is generally known and accepted without question by the bulk of those who are engaged in the particular art; in other words, when it becomes part of their common stock of knowledge relating to the art.” relating to the art.”
“It is certainly difficult to appreciate how the use of something which has in fact never been used in a particular art can ever be held to be common general knowledge in the art.”
“The court is trying to determine in a common sense way how the average skilled but non-inventive technician would have reacted to the pleaded prior art if it had been put before him in his work place or laboratory. The common general knowledge is the technical background of the notional man in the art against which the prior art must be considered. This is not limited to material he has memorised and has at the front of his mind. It includes all that material in the field he is working in which he knows exists, which he would refer to as a matter of course if he cannot remember it and which he understands is generally regarded as sufficiently reliable to use as a foundation for further work or to help understand the pleaded prior art. This does not mean that everything on the shelf which is capable of being referred to without difficulty is common general knowledge nor does it mean that every word in a common text book is either. In the case of standard textbooks, it is likely that all or most of the main text will be common general knowledge. In many cases common general knowledge will include or be reflected in readily available trade literature which a man in the art would be expected to have at his elbow and regard as basic reliable information.” and regard as basic reliable information.”
“It seems to me that a subtle but potentially significant point of principle emerges from these passages. I can readily accept that, faced with a disclosure which forms part of the state of the art, it may be obvious for the skilled person to seek to acquire further information before he embarks on the problem to which the patent provides a solution. But that does not make all such information part of the common general knowledge. The distinction is a fine one but it may be important. If information is part of the common general knowledge then it forms part of the stock of knowledge which will inform and guide the skilled person's approach to the problem from the outset. It may, for example, affect the steps it will be obvious for him to take, including the nature and extent of any literature search.”
“Of course material readily and widely to hand can be and may be part of the common general knowledge of the skilled person – stuff he is taken to know in his head and which he will bring to bear on reading or learning of a particular piece of prior art. But there will be other material readily to hand which he will not carry in his head but which he will know he can find if he needs to do so (my emphasis). The whole passage is about material which the skilled man would refer to ‘as a matter of course.’ It by no means follows that the material should be taken to be known to the skilled man if he has no particular reason for referring to it.”
“I agree with that although I personally do not find the point of principle ‘subtle’. It would be wholly subversive of patents and quite unfair to inventors if one could simply say ‘piece of information A is in the standard literature, so is B (albeit in a different place or context), so an invention consisting of putting A and B together cannot be inventive.’ The skilled man reads each specific piece of prior art with his common general knowledge. If that makes the invention obvious, then it does. But he does not read a specific citation with another specific citation in mind, unless the first causes him to do so or both are part of the matter taken to be in his head.”
“It has become common practice in the art to add a material to the canister to convert the liquid to solid or semisolid so that, if an accident should occur, any spill will be confined to the immediate area and cleanup will be quicker and safer. For this purpose, gelling agents have been used….”
“(1) (a) Identify the notional ‘person skilled in the art’; (b) Identify the relevant common general knowledge of that person; (2) Identify the inventive concept of the claim in question or if that cannot readily be done, construe it; (3) Identify what, if any, differences exist between the matter cited as forming part of the ‘state of the art’ and the inventive concept of the claim or the claim as construed; (4) Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention?” (b) Identify the relevant common general knowledge of that person; (2) Identify the inventive concept of the claim in question or if that cannot readily be done, construe it; (3) Identify what, if any, differences exist between the matter cited as forming part of the ‘state of the art’ and the inventive concept of the claim or the claim as construed; (4) Viewed without any knowledge of the alleged invention as claimed, do those differences constitute steps which would have been obvious to the person skilled in the art or do they require any degree of invention?”
“The question of obviousness must be considered on the facts of each case. The court must consider the weight to be attached to any particular factor in the light of all the relevant circumstances. These may include such matters as the motive to find a solution to the problem the patent addresses, the number and extent of the possible avenues of research, the effort involved in pursuing them and the expectation of success.”
“As I state in paragraph 23 above, clinicians in 1994 were concerned with keeping wounds moist and free from infection. When treating wounds, they would have looked for dressings that retained fluid to achieve the former. They would have looked for a dressing that could be changed easily to achieve the latter. It would not have been desirable from a clinical perspective to use a material with an extremely open structure such as reticulated foam (which would not retain fluid and into which tissue would grow, increasing the difficulty and pain of removal) in wound care.”
“… in 1994 applying a prep sponge on a wound would have affected your career definitively. … I am sure of that. … The prep sponge has nothing to do with the inside of the body.”
“Each canister generally includes a flexible line or hose connected to [a vacuum source such as a pump] so that vacuum can be applied to the interior of the canister. Another flexible line or hose extends from the canister to the source of body fluids in the patient. Once the vacuum is applied, a negative pressure gradient is communicated through the interior of the suction canister so that body fluids are drawn into the canister.” 163.Karakelle goes on at column 1 lines 41-44 to say: “Upon completion of the surgery, the canister containing the waste fluids must be discarded in a safe and environmentally sound way. This often requires storing and transporting canisters filled with liquids, a procedure fraught with the possibility of leaks and spills.”
“Subject to the following provisions of this section, a person (other than the proprietor of the patent) also infringes a patent for an invention if, while the patent is in force and without the consent of the proprietor, he supplies or offers to supply in the United Kingdom a person other than a licensee or other person entitled to work the invention with any of the means, relating to an essential element of the invention, for putting the invention into effect when he knows, or it is obvious to a reasonable person in the circumstances, that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom.”
“Whether means are suitable for putting an invention into effect must be a purely objective test. But whether they are intended to put an invention into effect cannot be wholly objective. Only human beings can have intentions, although their intentions may be attributed to other legal persons, according to rules of attribution. Thus this limb of the test must depend on the subjective intention of someone. A supplier of essential means might reasonably be supposed to know what the intention of his immediate counter-party is. But it would be a far stronger thing to expect him to discern the intention of a person far down the supply chain. Moreover, at the time of the supplier's supply of the essential means the person who ultimately forms the intention to use the means to put the invention into effect may not be ascertainable and he may not have formed that intention. It thus seems to me to be more likely that s.60(2) was directed to a supply of essential means to a direct infringer rather than to another secondary infringer…. ”
“Prior to placement of RENASYS GO [EZ], the medical professional healing the wound must assess how to best use the system for an individual wound. It is important to carefully assess the wound and patient to ensure clinical indications for Negative Pressure Wound Therapy (NPWT) are met. All orders should include: • Wound location, size and type • Smith & Nephew Wound Dressing Kit type ...”
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