Occlutech Appeals First Instance Court Decision in German Litigation by AGA Medical Inc and Files for Invalidation Proceeding



    JENA, Germany, Aug. 6 /CNW/ - Occlutech GmbH, the leading European
manufacturer of cardiac occlusion devices, today announced that it has
appealed the first instance court decision that was announced on August 1st
2007 by the district court in Dusseldorf. The Occlutech appeal is motivated by
the first instance court decision seemingly not considering all relevant facts
and arguments brought forth by Occlutech. The court decision appears to be
based on an unintended broad interpretation of the AGA patent that is not
compatible with scientific facts, laws of physics and prior art.
    Occlutech is confident that when the next court instance, the provincial
high court and court of appeal in Dusseldorf, investigates this matter, a more
thorough consideration of the hard facts from the areas of Material Science
and Intellectual Property Legislation will work in favour of the company and
the earlier decision will be revoked.
    Occlutech expects this positive outcome in 18 months from now and intends
to continue to serve existing and new customers both in Germany and
Internationally with its range of PFO and ASD occluders as well as several new
products currently being developed.
    Occlutech's CEO Robert Moszner says: "The Occlutech occluders are new and
innovative and are protected by a strong Intellectual Property position. In
addition to a high likelihood of the recent court decision being revoked in
the appeal process, we see a substantial chance that the AGA patent will be
invalidated as a result of AGA's own actions and argumentation in court."
    Further he states: "AGA's press communication contains a lot of hot air
and we are confident that facts and state-of-the-art science will prove us
right."
    Occlutech has announced that it will initiate invalidation proceedings
against AGA's only awarded European patent. Most of the broader claims now
interpreted into the patents by AGA Medical were not accepted by the reviewers
of the European Patent Office in the original patent approval process due to
the existence of prior art. This creates a significant and justified basis for
Occlutech to file for invalidation.
    Occlusion devices are used to treat structural heart disease, including
structural heart defects and abnormalities, such as Atrial Septal Defects
(ASD), or Patent Foramen Ovale (PFO), in a minimally invasive, non-surgical
way. The market for these devices, and the PFO occluders in particular, are
expected to expand significantly over the next few years.





For further information:

For further information: Robert Moszner, E-mail: info@occlutech.de,
Phone: +49-3641-675-120; Susanne Goransson, E-mail: info@occlutech.info,
Phone: +46-42-33-65-25

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OCCLUTECH GMBH

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