Occlutech Receives Positive Ruling In German Proceeding Initiated By Aga Medical

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24th September 2009, 07:37am - Views: 452

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Occlutech Receives Positive Ruling in German Proceeding Initiated by AGA Medical

JENA, Sept. 23 /PRNewswire-AsiaNet/ --

    Occlutech GmbH, the leading European developer of products for septal closure, today announced that the

district court of Frankfurt, Germany reversed an earlier court injunction obtained by AGA Medical against

Occlutech's sales and marketing activities relating to the newly launched Figulla Flex ranges of ASD and PFO


    The district court of Frankfurt reversed its earlier decision that was based on a request by AGA Medical, relying

only on information provided by AGA Medical. The injunction prohibited Occlutech from communicating the time

for the launch of the new Figulla Flex ASD and PFO occluders and the fact that International markets and

International distribution were not impacted by a recent German patent ruling.

    The request for an injunction by AGA was based on incorrect assumptions regarding Occlutech's R&D

capabilities and about the International presence of its associates and partners.

    In October 2008 Occlutech won against AGA Medical in the District Court of The Hague that decided that

Occlutech does not infringe EP0808138 held by AGA Medical. In December 2008, the higher regional appeal Court

in Dusseldorf, that has no jurisdiction over activities by Occlutech's associates and partners outside of Germany,

decided against Occlutech regarding the same patent. In July 2009, however, the Patents Court of the High Court

of Justice, London declared that Occlutech's products do not infringe AGA's patent EP 0808138.

    The above Court decisions are not final and subject to appeal that are/can be filed by AGA and/or Occlutech.

    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.

    SOURCE : Occlutech International AB


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