Dutch Court Rules in Favor of Occlutech in AGA Patent Case
October 25, 2010 – The Hague, Netherlands ruled in favor of Occlutech, a transcatheter structural heart occluder device maker, in the ongoing patent litigation with AGA Medical. The lawsuit stems from AGA alleging Occlutech’s technology infringes on its Amplatzer transcatheter occluder device patents.
AGA had appealed the court ruling in Occlutech’s favor in 2008. In the new ruling, the appeal court of The Hague saw no reason to change the favorable first instance ruling. The Dutch appeal court decision is similar to the appeals court rulings in the United Kingdom, which were received in mid-2010. The rulings are subject to further appeal by AGA.
Occlutech lost in the German district and appeal courts of Dusseldorf in 2007 and 2008, causing a halt of sales and manufacturing activities in Germany. But the German Supreme Court, (BGH), recently announced that it has allowed Occlutech's appeal. Occlutech expects a final decision in the first half of 2011.
If that case is decided in Occlutech's favor, the company said it plans to seek substantial claims for repayments and damages. Due to the litigation activity, Occlutech has lost revenue, had products destroyed and suffered the cost of litigation leading to potential damage claims in excess EUR 50 million.
AGA was recently purchased by St. Jude Medical.
For more information: www.occlutech.com
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