AGA Medical Corporation (AGA) announced that a five-judge panel in the German Federal Patent Court in Munich has upheld the validity of an important AGA Medical patent. The court rejected a lawsuit brought by Occlutech GmbH (Occlutech) that contended that AGA Medical's patent did not meet the standards of patentability under German law.
While the ruling is open to appeal, it is effective now. The patent (EP 0 808 138 B1) pertains to AGA’s occlusion devices and the manufacturing process. In December 2008, a German appeals court ruled in favor of AGA in a patent infringement proceeding against Occlutech GmbH, headquartered in Jena, Germany. Although Occlutech has filed a request to appeal the infringement decision, the decision and the injunction against Occlutech remain in force. AGA Medical has now prevailed against Occlutech in two different branches of German courts and won cases with respect to both patent validity and infringement.
AGA is a developer of interventional devices for the minimally invasive treatment of cardiovascular defects and peripheral vascular disease.