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Smith & Nephew Endoscopy Awarded $85 Million in Patent Infringement Case Against Arthrex, Inc.

ANDOVER, Mass., June 23, 2011 /PRNewswire/ -- Smith & Nephew, Inc., Endoscopy Division, a subsidiary of Smith & Nephew plc (NYSE: SNN) (London Stock Exchange: SN) announced today that the jury in United States District Court in Oregon found in Smith & Nephew's favor that Arthrex, Inc., (Naples, Fla.) was guilty of infringing U.S. Patent 5,601,557, which is exclusively licensed to Smith & Nephew.

The jury found that Arthrex's Bio-SutureTak, PEEK SutureTak, PushLock and Bio-PushLock suture anchors infringe the patent and awarded Smith & Nephew $85 million for Arthrex's past infringement activities.

This is the second time Smith & Nephew won this patent infringement case in the Oregon Court.  In June 2008, a jury decided that Arthrex willfully infringed the same asserted patent.  At that time the jury awarded Smith & Nephew $14.7 million for past infringement.  In November 2009, the Court of Appeals for the Federal Circuit revised the interpretation of a term in the patent and sent the case back to the Oregon court for a new trial based on that revised claim interpretation.  

Joe Metzger
SVP, Corporate Communications
Smith & Nephew Endoscopy
(978) 749-1330

Phil Cowdy
Head of Corporate Affairs
Smith & Nephew
44 (0)20 7401 7646

About Smith & Nephew

Smith & Nephew is a global medical technology business with global leadership positions in Orthopaedics, including Reconstruction, Trauma and Clinical Therapies; Endoscopy, including Sports Medicine; and Advanced Wound Management.  Smith & Nephew is a global leader in arthroscopy and advanced wound management and is one of the leading global orthopaedics companies.

Smith & Nephew is dedicated to helping improve people's lives.  The Company prides itself on the strength of its relationships with its surgeons and professional healthcare customers, with whom its name is synonymous with high standards of performance, innovation and trust.  The Company has distribution channels, purchasing agents and buying entities in over 90 countries worldwide.  Annual sales in 2010 were nearly $4.0 billion.

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 and our success in integrating acquired businesses; 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.

SOURCE Smith & Nephew, Inc.
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