Occlutech Receives Positive Ruling in German Proceeding Initiated by AGA Medical

September 23, 2009

JENA, Germany, September 23 /PRNewswire/ — Occlutech GmbH, the leading
European developer of products for septal closure, today announced that the
district court of Frankfurt, Germany reversed an earlier court injunction
obtained by AGA Medical against Occlutech’s sales and marketing activities
relating to the newly launched Figulla Flex ranges of ASD and PFO occluders.

The district court of Frankfurt reversed its earlier decision that was
based on a request by AGA Medical, relying only on information provided by
AGA Medical. The injunction prohibited Occlutech from communicating the time
for the launch of the new Figulla Flex ASD and PFO occluders and the fact
that International markets and International distribution were not impacted
by a recent German patent ruling.

The request for an injunction by AGA was based on incorrect assumptions
regarding Occlutech’s R&D capabilities and about the International presence
of its associates and partners.

In October 2008 Occlutech won against AGA Medical in the District Court
of The Hague that decided that Occlutech does not infringe EP0808138 held by
AGA Medical. In December 2008, the higher regional appeal Court in
Dusseldorf, that has no jurisdiction over activities by Occlutech’s
associates and partners outside of Germany, decided against Occlutech
regarding the same patent. In July 2009, however, the Patents Court of the
High Court of Justice, London declared that Occlutech’s products do not
infringe AGA’s patent EP 0808138.

The above Court decisions are not final and subject to appeal that
are/can be filed by AGA and/or Occlutech.

Occlusion devices are used to treat structural heart disease, including
structural heart defects and abnormalities such as Atrial Septal Defects,
(ASD), and Patent Foramen Ovale (PFO, an undesired channel between the
heart’s two atria, present in up to 25% of the population), in minimally
invasive, non-surgical procedures. The market for PFO occluders is expected
to expand significantly as the link between PFO and stroke, that is the third
most common cause of death, as well as severe migraine becomes increasingly
well documented.

SOURCE Occlutech GmbH

Source: newswire

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