Occlutech Obtains Favourable Court Ruling in Patent Litigation in The Hague Against AGA Medical



    JENA, Germany, Oct. 30 /CNW/ - Occlutech GmbH, the leading European
manufacturer of cardiac occlusion devices, today announced that it has won its
litigation case in The Hague, Holland, against AGA Medical Inc. regarding
non-infringement of the Dutch version of the European patent; EP 0808138.
    The patent court in The Hague stated that the disputed Occlutech products
do not infringe the Dutch part of; EP 0808138 (equivalent of German patent DE
695 34 505.2) held by AGA Medical. In reaching its decision, the Dutch court
had full access to the now appealed 2007 German District Court's ruling
resulting from litigation initiated by AGA Medical in 2006.
    Patent infringement litigation against a previous version of the occluder
was originally filed in Germany by AGA Medical Inc. In Occlutech's view, AGA
Medical argued for an extraordinarily broad interpretation of its granted
patent claims, contributing to Occlutech's defeat in the first instance
district court's ruling. The broad scope of the claim, interpreted before the
German court in 2007, was however not accepted by the European Patent Office's
examiners during the original patent granting procedure. This and several
other factors created significant and in Occlutech's view justified reasons
for appealing the district court ruling in Germany and for Occlutech to
initiate non-infringement proceedings internationally and, in particular,
before the patent court in The Hague, Holland. The Dutch patent court's ruling
will become final if no appeal is filed.
    In a statement, Tor Peters, Chairman of Occlutech AB, says: "We are very
pleased with the decision of the patent court in The Hague, which had access
to all relevant information available, including information submitted at the
appeal proceedings in Germany. This shows that Occlutech's patented technology
is substantially different from AGA's and we look forward to continue our
surge, establishing a global presence."
    Occlusion devices are used to treat structural heart disease, including
structural heart defects and abnormalities such as Atrial Septal Defects,
(ASD), and Patent Foramen Ovale (PFO, an undesired channel between the heart's
two atria, present in up to 25% of the population), in minimally invasive,
non-surgical procedures. The market for PFO occluders is expected to expand
significantly as the link between PFO and stroke, that is the third most
common cause of death, as well as severe migraine becomes increasingly well
documented.





For further information:

For further information: Tor Peters, tor.peters@occlutech.se,
+46-42-33-65-20; Susanne Goransson, susanne.goransson@occlutech.net,
+46-42-33-65-21

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OCCLUTECH GMBH

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