JENA, Germany, Feb. 8 /Xinhua-PRNewswire/ --
Occlutech GmbH, the leading European manufacturer of coronary occlusion devices today announced that it has obtained approval for its IP position in relation to patents held by AGA Medical Inc. from AIPPI, the European International Association for the Protection of Intellectual Property.
AIPPI is the world's leading non-government organization for research into and protection of intellectual property, and is a respected source for opinions and arbitration on IP matters such as patent interpretation and the use of IP in unfair competition.
In patent infringement litigation filed in Germany by AGA Medical Inc. in 2006, AGA argued and got the courts approval for a broad interpretation of its granted patent claims. During the original grant procedure, however, the Examiners of the European Patent Office did not accept the broad scope of the claims. This created significant reason for Occlutech to appeal the first instance district court's decision that Occlutech literally infringe the AGA patent in Germany and to initiate non-infringement proceedings in several other European countries. Occlutech asked AIPPI for an independent, clarifying opinion which now further supports Occlutech's position.
In a statement Robert Moszner, CEO of Occlutech GmbH said: "We are very pleased with the opinion of AIPPI. In addition to several expert opinions, it strongly supports our view that we are not infringing the patent brought forward by AGA Medical. We have developed a unique technology that is surrounded by its own strong intellectual property and we look forward to having our position confirmed in European and U.S. National courts."
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 that is present in up to 25% of the population -- in a minimally invasive, non-surgical way. The market for PFO occluders in particular is expected to expand significantly as the link between PFO and strokes, as well as severe migraine, becomes increasingly well-documented.
Occlutech develops and manufactures a wide range of occluders that are sold under the Occlutech Figulla brand in over 40 countries in European and international markets. Clinical programs leading to regulatory approval in the US and Japan are also underway.
