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Occlutech GmbH

Occlutech Receives Positive Ruling in German Proceeding Initiated by AGA Medical

Jena, Germany (ots/PRNewswire)

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 occluders.
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.

Contact:

Tor Peters, +41-79-457-52-47, Tor.peters@occlutech.com; Susanne
Goransson, +46-704-33-65-21, Susanne.goransson@occlutech.net

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  • 19.03.2009 – 10:43

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