German appeal court backs AGA against Occlutech over patent

A German appeals court has ruled in favor of US firm AGA Medical Holdings  n a patent infringement proceeding against Occlutech GmbH,  headquartered in Jena, Germany. The law suit was brought by AGA in 2006  in Dusseldorf, Germany, seeking to enjoin Occlutech from infringing the  German part of its European patent no EP 0 808 138 and for damages  resulting therefrom. The amount of damages and other remedies will be  decided in enforcement proceedings in the near future.

Following the District Court's decision in July 2007, requiring  destruction of the infringing product and the entry of an injunction,  Occlutech appealed the ruling and introduced its Figulla N cardiac  occlusion device, which it maintained was non-infringing. The appeals  court not only affirmed the findings of the District Court, but also  found that 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. The appeals court further has declined  Occlutech's request to stay the infringement proceedings in light of  parallel invalidity proceedings pending at the Federal Patents Court.

"The positive ruling of the German appeals court confirms our rightful  ownership of this technology and supports the original ruling that  Occlutech's products are a clear infringement on our intellectual  property," said John Barr, chief executive of AGA.