February 5, 2009 - AGA Medical Corp. last week said following its previous favorable structural heart occluder patent infringement final ruling by the German court of appeals over Occlutech GmbH of Jena, Germany, it has calculated and notified Occlutech of the amount of damages that it will seek from Occlutech based on the court’s ruling.
AGA did not release the amount of damages it is seeking. After learning that Occlutech has terminated all manufacturing and sales and that its CEO has resigned, AGA has started proceedings in the insolvency court in Germany to protect AGA’s claims for damages.
The lawsuit was brought by AGA in 2006 in Dusseldorf, Germany, seeking to enjoin Occlutech from infringing the German part of AGA’s European patent for its structural heart occluder and for damages. The final ruling in favor of AGA from the German court of appeals was announced on January 6.
The district court’s decision in July 2007 required the destruction of Occlutech’s Figulla Occluder line of products, saying they infringed on AGA’s occulder patents. Occlutech appealed the ruling and introduced its Figulla N product, which it maintained was non-infringing. However, the appeals court affirmed the findings of the district court, and said 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.
AGA’s occluder devices are used for the treatment of the most common congenital “holes in the heart,” including atrial septal defects and patent foramen ovales (PFOs).
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