Occlutech, an European developer of minimally invasive implants for the treatment of structural heart disease, has received a favourable appeal court ruling from The Hague, The Netherlands in the on-going patent litigation with AGA Medical.
Occlutech said that the Dutch appeal court decision in the new ruling is similar to the first instance as well as the appeal court rulings in the UK, the last one received in mid 2010. The rulings are subject to further appeal by AGA.
In Germany, the German Supreme Court (BGH) has allowed Occlutech’s appeal, where Occlutech earlier lost in the district and appeal courts of Dusseldorf in 2007 and 2008, causing a halt of sales and manufacturing activities.
Occlutech expects a final decision in the first half of 2011 that, if in Occlutech’s favor, will trigger substantial claims for re-payments and damages.