MEDIA RELEASE PR41865
Occlutech Wins Dutch Appeal Court Ruling Against AGA Medical
JENA, Germany, Oct. 22 /PRNewswire-AsiaNet/ --
Occlutech GmbH, the leading European developer of minimally invasive
implants for the treatment of structural heart disease, today announced
receiving a favourable appeal court ruling from The Hague, The Netherlands in
the on-going patent litigation with AGA Medical. A favourable first instance
court ruling obtained by Occlutech had been appealed by AGA in 2008.
In the new ruling the appeal court of The Hague saw no reason to change
the favourable first instance ruling. The Dutch appeal court decision 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 where Occlutech lost in the district and appeal courts of
Dusseldorf in 2007 and 2008, causing a halt of sales and manufacturing
activities in Germany, the German Supreme Court, (BGH), recently announced
that it has allowed Occlutech's appeal. Occlutech expects a final decision in
the first half of 2011 that, if in Occlutech's favour, will trigger
substantial claims for re-payments and damages. Due to the litigation
activity by AGA from 2006 and onwards, Occlutech has lost revenue, had
products being destroyed and suffered the cost of litigation leading to
potential damage claims in excess EUR 50 million.
In spite of the significant cost caused by the litigation and the related
lack of sales in several markets, Occlutech's owners have funded work in
maintaining and substantially strengthening Occlutech's own patent position
and on a full pipe line of new technologies and products. In 2011 and 2012
Occlutech expects to launch additional occluders for indications such as PDA
and VSD in addition to second generation ASD and PFO occluders. In addition,
an innovative LAA occluder, a new generation of stent grafts and cardiac
valve intervention technology are being developed.
SOURCE: Occlutech GmbH
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