Occlutech Wins German Supreme Court Ruling Against AGA/St. Jude Medical


May 16, 2011

May 16, 2011 - The German Supreme Court (BGH) declared a structural heart occluder patent case to be invalid. In the ruling by the BGH, the court does not see any basis for AGA/St. Jude's claim that the Occlutech atrial septal defects and patent foramen ovale (ASD and PFO) occluders violate any patent brought forward in the litigation and declares earlier German ruling to the contrary invalid.

The German Supreme Court ruling is similar in many aspects to the first instance ruling in the UK, which was confirmed by the appeal court in the UK in mid 2010. The UK ruling is final, as the UK supreme court did not allow an appeal requested by AGA. The favorable German ruling is also similar to first instance as well as appeal court decisions in The Hague in The Netherlands, the last one obtained at the end of 2010, as well as a district court ruling in Stockholm, Sweden, obtained in March 2011.

Throughout the litigation, Occlutech's owners and partners have funded work in maintaining and substantially strengthening Occlutech's own patent position. Meanwhile, a full pipeline of new technologies and products has been developed. In 2011 and 2012, Occlutech expects to launch additional occluders for indications such as patent ductus artery (PDA) and ventricular septal defect (VSD) in addition to second generation ASD and PFO occluders. Also, an innovative left atrial appendage (LAA) occluder and a new generation of stent grafts and cardiac valve intervention technologies are being developed.

Occlutech intends to initiate litigation for substantial damages against AGA/St. Jude.