AGA Medical Holdings, Inc. (AGA Medical) said that a German appeals court has ruled in its favor in a patent violation proceedings against Occlutech GmbH (Occlutech). The patent violation Lawsuit was brought by AGA in 2006 in Dusseldorf, Germany seeking to enjoin Occlutech from infringing the German part of AGA Medical 's European patent (EP 0 808 138) and for damages resulting therefrom. The amount of damages and other remedies will be decided in enforcement proceedings in the near future.
Following the District Court’s decision in July 2007, requiring destruction of the infringing product and the entry of an injunction, Occlutech appealed the ruling and introduced its Figulla N product, which it maintained was non-infringing. The German appeals court not only affirmed the findings of the District Court, but also found that the Figulla N occluder was not materially different from Occlutech’s original product, and thus subject to the injunction and resulted in damages to AGA Medical. The appeals court further has declined Occlutech’s request to stay the infringement proceedings in light of parallel invalidity proceedings pending at the Federal Patents Court.
“The positive ruling of the German appeals court confirms our rightful ownership of this technology and supports the original ruling that Occlutech’s products are a clear infringement on our intellectual property,” said John Barr, President and CEO of AGA Medical. “We are pleased with the outcome and will continue to vigilantly defend our intellectual property rights throughout the world.”