News | September 27, 2011

Occlutech CEO Wins Patent Lawsuit by St Jude-AGA Medical

September 27, 2011 — Occlutech announced its CEO, Tor Peters, has obtained a favorable ruling from the district court in Düsseldorf in patent litigation initiated personally against him by St. Jude AGA Medical. Occlutech is a European developer of implants for treating structural heart disease.

On May 10, 2011, Occlutech GmbH won a patent lawsuit that lasted more than five years, initiated by St. Jude-AGA Medical at the German Supreme Court in Karlsruhe regarding infringement of patent EP 808 138.

In further proceedings at the Regional Court in Düsseldorf, St. Jude-AGA Medical accused Peters privately for alleged violation of patent EP 808 138. In a ruling dated Sept. 8, 2011, this claim has now also been rejected by the District Court in Düsseldorf. The ruling is subject to appeal by St. Jude-AGA Medical.

Peters says, "It is amazing and quite shocking to see a company that you would normally consider ethical, going to such length in trying to kill a competitor by also going after private individuals with this kind of massive and unjustified litigation. Obviously we are very happy that the courts in Germany now ruled in our favor as courts in the U.K., the Netherlands and Sweden have done before."

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), in minimally invasive, non-surgical procedures. The market for PFO occluders is expected to expand significantly as the link between PFO and stroke — the third most common cause of death — as well as severe migraine, becomes increasingly well documented.

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