AGA Medical Holdings, Inc. (AGA Medical) announced that the German Regional Court in Dusseldorf, Germany has granted a preliminary injunction against the manufacture, possession and sale of the Figulla Flex occluders manufactured by Occlutech GmbH (Occlutech) in Jena, Germany. The judge determined that the Figulla Flex occluders infringe AGA Medical’s patent in Germany.
On October 29, a bailiff was sent to Occlutech’s facility in Jena and seized over 2,700 infringing devices.
As a result of this decision and the prior decisions of the German courts, Occlutech GmbH is now prevented from selling any of its occlusion products in Germany or producing them for sale outside of Germany. The injunction was granted soon after the German Federal Patent Court in Munich upheld the validity of AGA Medical’s patent. Although these decisions are subject to appeal, they continue to be enforced in Germany.